S.C. Code Regs. § § 114-1150

Current through Register Vol. 48, No. 9, September 27, 2024

Section 114-1150 - Determination of Benefits

A. Gross Income Limit. Gross monthly countable earned and unearned income of the Family Independence benefit group must not exceed 185 percent of the need standard by family size. The gross income limit is an initial screen of eligibility for assistance.

B. Earned Income and Unearned Income.

(1) Earned income means gross earned income prior to any deductions for taxes or for any other purposes. Such earned income may be derived from an applicant's or recipient's own employment, such as a business enterprise, or farming; or derived from wages or salary received as an employee. It includes earnings over a period of time for which settlement is made at one given time, as in the instance of the sale of farm crops, livestock, or poultry.

(2) With reference to commissions, wages, or salary, earned income means the total amount, irrespective of personal expenses, such as income-tax deductions, lunches, and transportation to and from work, and irrespective of expenses of employment which are not personal, such as the cost of tools, materials, special uniforms, or transportation to call on customers.

(3) With respect to self-employment income, earned income means the total profit from a business enterprise, farming, etc., resulting from a comparison of the gross receipts with the business expenses (i.e., expenses directly related to producing the goods or services and without which the good or services could not be produced). The profit shall be as determined using Internal Revenue Service methods.

(4) With regard to the degree of activity, earned income is income produced as a result of the performance of services by a recipient; in other words, income which the individual earns by his own efforts, including managerial responsibilities, would be properly classified as earned income, such as management of capital investment in real estate. Conversely, in the instance of capital investment wherein the individual carries no specific responsibility, such as where rental properties are in the hands of rental agencies and the check is forwarded to the recipient, the income would not be classified as earned income.

(5) Unearned income is any income that does not meet the definitions of earned income above, such as direct child support, social security benefits, interest, dividends and gifts.

(6) Unemployment compensation benefits are treated as unearned income in the budgeting process.

C. Disregard of Earned Income. For purposes of eligibility and benefit determination, provided the benefit group has passed the gross income limit test in item A above, the Department will disregard from earned income:

(1) Fifty percent of the monthly gross countable earned income, of each individual whose needs are included in the budget group, for the first four months in which earned income is countable. This disregard can be received only once in twenty-four months.

(2) One hundred dollars per month from gross countable income of each individual whose needs are included in the budget group, for the remaining months of eligibility after the four months in paragraph (1) above have been exhausted.

(3) Casemanagers will counsel with recipients concerning the advantages and disadvantages of receiving a small FI benefit for a few months versus closing their case and possibly losing transitional Medicaid benefits as opposed to saving their time limited months for a possible future emergency, such as becoming unemployed.

D. Prospective Eligibility and Budgeting. All factors of eligibility shall be determined prospectively and the monthly amount of assistance will be computed based on a best estimate of income and circumstances which will exist in the benefit month. This estimate shall be based on the Department's reasonable expectation and knowledge of current, past, or future circumstances. Monthly income is estimated prospectively based on past income from the previous four weeks and anticipated changes in income. Expenses may be estimated prospectively using the same methodology. Weekly income is multiplied by 4.33 to convert it to monthly income.

E. Payment Determination. To determine the amount of the payment for the benefit group, subtract countable income from the full need standard and multiply the result (deficit) by the ratable reduction.

F. Payment Methods. Money payments made to eligible families may be made by checks, warrants immediately redeemable at par, by electronic benefits transfer, or direct deposit to bank accounts. Family Independence payments are not to be accessed, by electronic transaction using a Point-of-Sale device, ATM, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service, at any of the following locations:

(1) A liquor store. A liquor store means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section3(r) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(r)) .

(2) A casino, gambling casino or gaming establishment.

(3) An adult oriented entertainment establishment. An adult oriented establishment is defined as a retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

S.C. Code Regs. § 114-1150

Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 26, Issue No. 5, Part 2, eff May 24, 2002; State Register Volume 38, Issue No. 5