N.Y. Comp. Codes R. & Regs. tit. 18 § 387.15

Current through Register Vol. 46, No. 51, December 18, 2024

Section 387.15 - Determining food stamp benefit levels

(a) Calculating net monthly income. To determine a household's net monthly income the following calculations shall be performed:

(1) Add the gross monthly income earned by all household members and the total monthly unearned income of all household members, subtract income exclusions, thereby determining the household's total gross income.

(2) Multiply the total gross monthly earned income by 20 percent and subtract that amount from the total gross income.

(3) Subtract the standard deduction as described in section 387.12(a) of this Part.

(4) Determine if the household is entitled to an excess medical deduction as described in section 387.12(c). If the medical expenses exceed $35, then subtract that portion which exceeds $35.

(5) Subtract monthly dependent care expenses, if any, as described in section 387.12, up to the maximum amount allowed.

(6) Deduct child support payments, if any, made to nonhousehold members as set forth in section 387.12 of this Part.

(7) Total the allowable shelter expenses as described in section 387.12 to determine shelter costs. Subtract from total shelter costs 50 percent of the household's monthly income after all the above deductions have been subtracted. The remaining amount, if any, is the excess shelter cost. If there is no excess shelter cost, the net monthly income has been determined.

(8) If there is excess shelter cost, compute the shelter deduction by subtracting the excess shelter cost up to the maximum amount allowed (unless the household is entitled to the full amount of its excess shelter expenses) from the household's monthly income after all other applicable deductions. Households not subject to a capped shelter expense (those having an aged or disabled member) will have the full amount exceeding 50 percent of their net income subtracted.

(b) Rounding. The cents amounts associated with each income and allowable amount specified in paragraphs (a)(1)-(7) of this section shall be utilized throughout the computation of the net monthly income.

(c) Destitute migrant households shall have their net monthly income calculated for the month of application in accordance with subdivisions (a) and (b) of this section except that only such income which is received between the first of the month and the date of application shall be used in the calculation. Any income from a new source which is anticipated after the day of application shall be disregarded for the month of application.

(d) All households which are not categorically eligible households must have their net incomes, as calculated in subdivisions (a), (b) and (c) of this section, compared to the monthly net income eligibility standards for the appropriate household size as specified in section 387.10 of this Part to determine eligibility for the month. In addition to meeting the net income eligibility standards, households which are not categorically eligible households and do not contain an elderly or disabled member also must have their gross incomes, as calculated in accordance with subdivisions (a)(1), (b) and (c) of this section, compared to the gross monthly income standards for the appropriate household size as specified in section 387.10 to determine eligibility for the month.

(e) To determine a household's food stamp entitlement, once eligibility has been established, multiply the food stamp net income by 30 percent. Any result ending in cents shall be rounded up to the nearest higher dollar. Subtract this figure from the appropriate coupon allotment for the household size. The final figure is the household's food stamp entitlement. Basis of coupon issuance tables provided by the department may be used in lieu of the calculation.

(f) If the calculation of benefits in accordance with section 387.14(a)(1) of this Part for an initial month would yield an allotment of less than $10 for the household, no benefit shall be issued to the household in that initial month.

(g) Except during an initial month, all eligible one- and two-person households shall receive minimum monthly allotments of $10. All eligible households with three or more members which are entitled to $1, $3 and $5 allotments shall receive allotments of $2, $4 and $6, respectively, so as to correspond to current coupon book denominations.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.15