Current through November 6, 2024
Section 405 IAC 2-3-20 - Income eligibility of applicant or recipientAuthority: IC 12-13-5-3; IC 12-13-7-3; IC 12-15-1-10
Affected: IC 12-15-4; IC 12-15-5
Sec. 20.
(a) Except as provided in section 17 of this rule, an applicant's or recipient's income eligibility shall be determined by the following procedures: (1) Determine the applicant's or recipient's unearned income which is not excluded by state or federal statute or regulation.(2) Add to the amount determined in subdivision (1) the amount of the spouse's unearned income after subtracting any allocation to a dependent child of the spouse as provided in subsection (b).(3) Add to the amount determined in subdivision (1) any deemed income from a parent as determined under section 19 of this rule.(4) Subtract the general income disregard specified in section 3 of this rule.(5) Subtract any allocation as determined under subsection (b). The resulting amount is countable unearned income.(6) Determine the earned income of the applicant or recipient.(7) Add the spouse's earned income after subtracting any remaining allocation to a dependent child from subdivision (2).(8) Subtract any remaining general income disregard.(9) Subtract the remaining allocations as determined under subsection (b).(10) Subtract the earned income disregard specified in section 3 of this rule. The resulting amount is countable earned income.(11) Combine countable unearned and countable earned income.(12) Subtract the individual income standard specified in section 18 of this rule if the applicant or recipient is not living with a spouse or is living with a spouse who is receiving assistance to families with dependent children.(13) Subtract the couple income standard specified in section 18 of this rule if the applicant or recipient is living with a spouse who is not receiving assistance to families with dependent children.(14) If the resulting amount in subdivision (12) or (13) is zero dollars ($0) or less than zero dollars ($0), the applicant or recipient is eligible for medical assistance. If the resulting amount is greater than zero dollars ($0), the applicant or recipient is eligible if he or she meets the requirements of section 10 of this rule.(b) An allocation equal to the individual's income subtracted from the applicable income standard in section 18 of this rule shall be subtracted first from unearned income and then from earned income for the following individuals: (1) A dependent child of the spouse of an applicant or recipient if the child is not receiving adoption assistance or assistance to families with dependent children.(2) A nonapplicant or nonrecipient dependent child of the applicant or recipient if the child is not receiving adoption assistance or assistance to families with dependent children.(3) An applicant or recipient child of the applicant or recipient.(4) One (1) essential person of the applicant or recipient if the essential person is not receiving assistance to families with dependent children.(c) An allocation is not subtracted if the individual's income equals or exceeds the applicable income standard.Office of the Secretary of Family and Social Services; 405 IAC 2-3-20; filed Feb 16, 1993, 5:00p.m.: 16 IR 1787; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA