Section 432.12 - Determination of need(a) In determining need for aid to families with dependent children, the gross income of all members of the assistance group who are fourteen years of age or older shall be considered except the gross income of a member of the assistance group who is between the ages of fourteen and twenty-one, is a full or part-time student, and is not employed full time or income which is specifically excluded by Federal or State law. Fifty percent of gross earned income shall be disregarded when determining eligibility for recipients. Any changes to that percentage shall be promulgated as regulations and shall be subject to the availability of Federal and State funds for cash assistance, as certified by the Secretary of the Budget. In determining need for general assistance, the department shall take into consideration the gross income which is not excluded by Federal or State law, excluding that amount equal to the expenses reasonably attributable to the earning of income up to twenty-five dollars ($25) per month, of all members of the assistance group who are fourteen years of age or older. The deduction shall be considered to cover all transportation expenses related to employment, all child and adult care related to employment, all other expenses attributed to employment such as but not limited to union dues, uniforms and the like, and all deductions over which the employe has no control such as but not limited to Federal and State income tax. In addition to said work related expenses, a work incentive equal to the first twenty dollars ($20) plus fifty percent of the next sixty dollars ($60) may be deducted from the gross monthly wages of each employed recipient of general assistance for a period not to exceed four months. The general assistance grant shall be computed on the remainder.
(b) Income as used in subsection (a) includes assistance in cash or in kind (other than the rental value of living accommodations), as defined by the department in accordance with Federal law and regulations.(c) In establishing financial eligibility and the amount of the assistance payment in both the aid to families with dependent children program and the general assistance program, the department may consider the income of certain individuals as if it were actually available to the assistance group residing in the household notwithstanding the fact that the income may not be actually available to other household members. Income of stepparents living in a household shall be considered available to the assistance group by the department. The department may choose to consider income on either a prospective or retrospective basis in determining eligibility and the amount of the assistance payment. The applicant or recipient shall as a necessary condition of eligibility:(1) provide all information necessary to income determination; and(2) take all actions necessary to obtain unconditionally available income including applying for unemployment compensation to the extent permitted by Federal law. Income shall be considered unconditionally available if the applicant or recipient has only to claim or accept such income, including any type of governmental benefits, social insurance, private pension or benefits plan, or offers of private contributions, including contributions from relatives not in the nature of disaster relief.1967, June 13, P.L. 31, No. 21, art. 4, § 432.12, added 1976, July 15, P.L. 993, No. 202, § 5, effective in 60 days. Amended 1982, April 8, P.L. 231, No. 75, § 15, imd. effective; 1996, May 16, P.L. 175, No. 35, § 14, effective 10/1/1996.