Section 75-02-01.2-37 - Determining membership of the household1. The household must include at least one eligible child unless: a. The only child receives supplemental security income benefits; orb. The household includes a pregnant woman.2. Any parent and spouse of the parent of a dependent child who reside in the home must be included in the household.3. If the household includes a parent and a needy dependent child, any other child who resides in the home, for whom assistance is sought, and to whom the parent is a relative by birth, marriage, or adoption, must be included in the household.4. If the household includes a parent and the parent's nonneedy dependent child or children, any other needy dependent child or children to whom the parent is a relative by birth, marriage, or adoption, must be included in a household which consists only of the needy dependent child or children.5. If the household includes a parent, the parent's needy dependent child or children, and other dependent children to whom the parent is a relative by birth, marriage, or adoption, the household must include the parent and the parent's needy dependent child or children, and may include any needy dependent child or children to whom the parent is a relative by birth, marriage, or adoption, but exclude any nonneedy dependent child or children who is not the parent's child but to whom the parent is a relative by birth, marriage, or adoption, and who is not a brother or sister, whether by the whole or half-blood or by adoption, to a needy dependent child.6. If the household includes a stepparent but does not include a natural or adoptive parent, the household must include the stepparent of the natural or adoptive parent's needy dependent child or children and any brothers and sisters of the needy dependent child, whether by whole or half-blood or by adoption, and any natural or adoptive children of the stepparent.7. A minor parent who lives in the home of a parent of the minor parent is treated as a dependent child in a household that includes a parent of the minor parent unless: a. The minor parent is married or formerly married and divorced, but not formerly married in an annulled marriage;b. The minor parent has resided with the other parent of the minor parent's child; orc. The minor parent has lived separately and apart from the minor parent's parent or lawful guardian, with the consent or acquiescence of the minor parent's parent or lawful guardian, while managing the minor's own financial affairs regardless of the source of income, so long as it is not from any activity declared to be a crime by the laws of North Dakota or the United States.8. Household members who are receiving supplemental security income benefits may not be included in the household.9. Household members who are ineligible for assistance because of a sanction or disqualification imposed under this chapter must be included in the household for the purpose of consideration of income and assets of the sanctioned household member.10. Household members who are ineligible for assistance because they do not meet citizenship or alienage requirements imposed under this chapter must be included in the household for the purpose of consideration of income and assets of those household members.N.D. Admin Code 75-02-01.2-37
Effective December 9, 1996; amended effective July 1, 1997; January 1, 2003; January 1, 2011.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02, 50-09-29