464 Neb. Admin. Code, ch. 1, § 011

Current through June 17, 2024

Section 464-1-011 - FINANCIAL ELIGIBILITY

To determine financial eligibility, the Program considers the applicant or recipient's family size, income and resources. Applicants or recipients who have access to financial or other resources sufficient to meet their needs may be found ineligible for services.

011.01FAMILY SIZE. Family size is determined by the number of adults and children related by blood, marriage, or adoption who reside in the same household. An unborn child may be included.

011.02INCOME AND RESOURCE ELIGIBILITY. In order to be eligible, applicants and recipients must have gross income, minus Department allowable income exclusions that is at or below 312% of the federal poverty level, adjusted for family size to meet income criteria for the Program. Applicants or recipients with family resources exceeding $35,000 for a family of one or $50,000 for a family of two or more are ineligible. Applicants or recipients actively eligible for Social Security Supplemental Security Income, Medicaid, Supplemental Nutrition Assistance Program, Aid to Dependent Children or Assistance to the Aged, Blind and Disabled are waived from additional requirements for income and resource testing for this Program.

011.02(A)TOTAL FAMILY INCOME. For persons who have reached the age of 19, only the income of the applicant or recipient and the applicant or recipient's spouse will be considered. For persons under the age of 19, and not designated by a court as emancipated, the income and assets of the applicant or recipient and the taxable income of the custodial parent(s) is considered.

011.02(B)INCOME VERIFICATION. Applicants or recipients are to report and provide verification of all gross earned and unearned income. Verification of earned income consists of the following:

(i) The Department considers the gross amount of all earned and unearned income to the family in determining initial and ongoing eligibility unless it is specifically excluded below;

(ii) The date paid or received;

(iii) The period covered by the payment or benefit; and

(iv) The gross amount of payment or benefit.

011.02(C)INCOME EXCLUSIONS. The following income sources are not considered in determining gross monthly income:

(i) Amount designated, per Medicaid eligibility, by a spouse living at home to a spouse in an alternate living situation, as defined by the Medical Assistance Act, Neb. Rev. Stat. §§ 68-901 to 68-992;

(ii) Any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education under the Higher Education Opportunity Act, Public Law 110-315;

(iii) Earnings of a child age 13 or younger;

(iv) Loans, grants, or scholarships obtained and used under conditions that prohibit their use for current living costs;

(v) Payments received through the Workforce Innovation and Opportunities Act for classroom training, tuition and books. Payments to meet living expenses while attending school are considered income;

(vi) Payments to an individual participating in training or school attendance subsidized by Vocational Rehabilitation within the Nebraska Department of Education;

(vii) Reimbursement of expenses or payments for services from the Senior Companion Program, AmeriCorps, Senior Corps, Foster Grandparents, Service Corps of Retired Executives, Experience Works and any other programs under Title II and II of Public Law 93-113;

(viii) Value of United States Department of Agriculture donated foods;

(ix) Value of Supplemental Nutrition Assistance Program and the special food service program for children under the National School Lunch Program Child Nutrition Act of 1966, as amended;

(x) Assigned child or spousal support;

(xi) Subsidized adoption or subsidized guardianship payments from Title IV-E or child welfare funds; and

(xii) Work study for a graduate student or a student working for a second degree.

011.02(D)RESOURCE EXCLUSIONS. The following resources are not considered in determining program eligibility:

(i) Real property which the applicant or recipient owns and occupies as a home;

(ii) Household goods and personal effects of a moderate value used in the home;

(iii) Cash surrender value of life insurance policies with combined face values of $1,500 or less per individual;

(iv) Unspent portion of any lump sum payment or retroactive payment for Retirement, Survivors, and Disabled Insurance and Supplemental Security Income;

(v) United States savings bonds;

(vi) Value of unavailable resources;

(vii) One motor vehicle;

(viii) Essential property, land and equipment used for trade or business;

(ix) Non-business property up to Program specified maximum;

(x) Equity value of nonbusiness real or personal property used to produce goods or services essential to daily activities up to program specified maximum;

(xi) Irrevocable burial trust funds or burial insurance up to Program specified maximum;

(xii) Value of purchased burial space up to program specified maximum;

(xiii) Cash surrender value of life insurance policies up to Program specified maximum;

(xiv) Qualified Long-Term Care policy;

(xv) Testamentary trusts and guardianships depending on the availability of the funds as specified in the terms of the trust;

(xvi) Qualified annuities meeting Program requirements;

(xvii) Special Needs or Pooled Trusts not considered available if established for a disabled client age 64 or younger or eligible to receive Supplemental Security Income, Retirement, Survivors, and Disabled insurance, or Aid to Aged, Blind and Disabled;

(xviii) Victims compensation payments received from a state or local government to aid victims of crime;

(xix) Payments received from a state or local government to assist in relocation;

(xx) An unavailable job-related retirement account held by the employer not readily converted into cash without significant penalty;

(xxi) An Individual Development Account;

(xxii) A Nebraska Enable Savings Plan pursuant to the Achieving a Better Life Experience Act of 2014 and Section 529A of the United States Internal Revenue Code; and

(xxiii) Medicare Set-Aside accounts used for payment of medical bills of Medicare beneficiaries.

464 Neb. Admin. Code, ch. 1, § 011

Adopted effective 10/3/2021