Section 1240-01-50-.19 - INCOME OF RESIDENT FARM LABORERS, MIGRANT ASSISTANCE GROUPS, SCHOOL EMPLOYEES AND OTHER CONTRACTUAL EMPLOYEES(1) Resident Farm Laborers.(a) Stable Income - Single Employer. 1. Farm laborers whose primary source of income is from regular farm employment with the same employer are normally employed for the entire year and receive a regular monthly salary.2. The regular monthly income figure will be used to determine the amount of the Families First grant.(b) Irregular Income - Single Employer. 1. When an AG member is paid for work done only during the work season, but resides year round on the farm, he/she may receive advance or deferred payments (sometimes known as "furnish") during the non-work season. This irregular income shall be averaged over a 12 month period.(c) Regular or Irregular Income - Multiple Employers. When a farm laborer works regularly for more than one employer, the total income from all employers must be counted.(2) Migrant Farm Laborers. (a) Resources. It must be determined whether migrants have out-of-state resources or income from real property in their home area. A migrant family is permitted one home and lot as an exempt resource, as any other Families First AG. If an AG owns out-of-state real property it must be determined if it is being rented or is producing income. If it is producing income, such income must be added to all other AG income in determining need and amount of assistance.(b) Employment and Training. Migrant workers must participate in the Families First Employment and Training program as any other applicant or recipient.(c) Income of Children in Migrant AGs. Income of a child in a migrant AG is treated the same as that of any other child for whom Families First eligibility is being determined. If the amount of income belonging to a particular child cannot be determined, prorate equally the total income of all employed AG members and treat the child's prorata share as his/her own income.(3) School Employees. The average monthly income of school employees will be considered available during the months it is received.(4) Income Of Other Contractual Employees. The average monthly income of persons employed on a contractual basis (other than school employees) will be considered as income during the period covered by the contract.(5) Temporary Employment Of A Person Under Contract. Income from temporary employment will be budgeted as available only in the months received.(6) Unemployment Compensation. Unemployment compensation is counted as income only in the months it is received.Tenn. Comp. R. & Regs. 1240-01-50-.19
Original rule filed December 2, 1996; effective February 15, 1997.Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, Public Acts of 1996, Chapter 950, and 45 C.F.R. 233.20.