472 Neb. Admin. Code, ch. 2, § 004

Current through September 17, 2024
Section 472-2-004 - Financial Eligibility

The Department shall not provide support under this program to individuals or families whose total gross monthly income exceeds Nebraska's 1989 median family income, adjusted for size as follows:

Family SizeGross Monthly Income
1$1,364
21,784
32,203
42,623
53,043
63,463
73,541
83,620
9 or more3,699

004.01Sources of Income

Department staff shall consider the following sources of income in determining gross monthly income:

1. Aid to Dependent Children (ADC);
2. Supplemental Security Income (SSI);
3. State Supplemental Payment;
4. Gross wages/salary - total money earnings received for work as an employee, including wages, salary, armed forces pay, earnings through a work incentive program, work study, VISTA, commissions, tips, piece rate payments, and cash bonuses earned before deductions are made for taxes, bonds, pensions, union dues, and similar purposes;
5. In-kind income received in lieu of wages;
6. Job Training Partnership Act funds considered as employment;
7. Social Security or Railroad Retirement - pensions, survivor's benefits, and permanent disability insurance payments made by the Social Security Administration or Railroad Retirement Board (consider amount before deductions for medical insurance);
8. Dividends - includes dividends from stock holdings or membership in associations;
9. Interest - on savings or bonds, averaged over the period earned;
10. Earned income credit (EIC) and advanced earned income credit (AEIC);
11. Estates;
12. Trust funds;
13. Rentals- net income from rental of a house, store or other property;
14. Land lease income;
15. Boarders - net payments from boarders or lodgers (if self-employed, see item 29);
16. Royalties - net royalties;
17. Retirement pensions - retirement or pension benefits paid to a retired person or his/her survivors by a former employer or by a union, either directly or through an insurance company;
18. Veteran's pensions - money paid by the Veteran's Administration to disabled members of the armed forces or to survivors of deceased veterans, subsistence allowances paid to veterans for education and on-the-job training, and "refunds" paid to ex-servicemen as G.I. insurance premiums;
19. Military allotments;
20. Picket or strike pay;
21. Green Thumb income;
22. Contributions;
23. Lump sum payments, e.g., child support or Social Security;
24. Annuities - annuities or insurance;
25. Unemployment compensation - compensation received from government insurance agencies or private companies during periods of unemployment;
26. Workers' compensation - compensation received from private or public insurance companies for injuries incurred at work;
27. Court-order alimony and child support (i.e., cash or direct or indirect payments made on behalf of the family);
28. Net income from farm self-employment - gross income minus operating expenses from the operation of a farm received by a client as an owner, renter, or sharecropper. Gross income includes the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include cost of feed, fertilizer, seed, and other farming supplies, cash wages paid to farmhands, depreciation charges, cash rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes), and similar expenses. The value of fuel, food, or other farm products used for family living is not included as part of net income; and
29. Net income from nonfarm self-employment - gross income minus expenses from one's own business, professional enterprise, or partnership. Gross income includes the value of all goods sold and services rendered. Expenses include costs of goods purchased, rent, heat, light, power, depreciation charges, wages and salaries paid, business taxes (not personal income taxes), and similar costs. The value of salable merchandise consumed by the proprietors of retail stores is not included as part of net income.

The applicant shall submit all required income verification.

004.02 Income Exclusions

Department staff shall not consider the following income sources in determining gross monthly income:

1. Money received from participation in the Foster Grandparent Program authorized by the ACTION Program;
2. Money awarded by the Indian Claims Commission or the Court of Claims;
3. Alaska Native Claims Settlement Act payments (to the extent that these payments are exempt from taxation under section 21(a) of the Act);
4. Money received from sale of property such as stocks, bonds, a house, or a car (unless the person was engaged in the business of selling such property in which case the net proceeds would be counted as income from self-employment);
5. Withdrawals of bank deposits;
6. Money borrowed;
7. Tax refunds;
8. Gifts;
9. Lump sum inheritances or insurance payments;
10. Capital gains;
11. The value of the coupon allotment under the Food Stamp Act of 1964, as amended;
12. The value of USDA donated foods;
13. The value of supplemental food assistance under the Child Nutrition Act of 1966 and the special food service program for children under the National School Lunch Act, as amended;
14. Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
15. Earnings of a child age 13 or younger;
16. Loans and grants (such as scholarships) obtained and used under conditions that prohibit their use for current living costs;
17. Any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education under the Higher Education Act;
18. Home produce used for household consumption;
19. Payments received through the Job Training Partnership Act (JTPA) for -
a. Title IIB, Summer Youth Employment; and
b. Classroom training, e.g., tuition and books (Payments to meet living expenses while attending school are considered income.); and
20. Reimbursement from the Senior Companion Program.

472 Neb. Admin. Code, ch. 2, § 004