23 Miss. Code. R. 104-4.3

Current through December 10, 2024

Rule 23-104-4.3 - Infrequent and Irregular Income Exclusion

A. For this exclusion to apply, the earned or unearned income must be received infrequently or irregularly, as defined below. This provision does not apply to unearned income that is subject to other exclusions, i.e., infrequent or irregular child support, subject to the one-third child support exclusion.

1. Infrequent Income. Effective September 8, 2006, income is considered to be received infrequently if an individual receives it only once during a calendar quarter from a single source and the individual did not receive that type of income in the month immediately preceding that month or in the month immediately subsequent to that month, regardless of whether these payments occur in different calendar quarters.

2. Irregular Income. Income is considered to be received irregularly if an individual cannot reasonably expect to receive it.

B. To apply the exclusion, exclude the following amount which is received either infrequently or irregularly:

1. The first $30 per calendar quarter of earned income; and

2. The first $60 per calendar quarter of unearned income.

a) The exclusion can apply to both earned and unearned income in the same month, provided the total does not exceed the limits stated above. Thus, it is possible to exclude as much as $90 in a quarter under this provision when applicable.

C. The following considerations must also be taken when applying this exclusion:

1. A single source of earned income is defined as an employer, trade or a business.

2. A single source of unearned income is defined as an individual, a household, an organization or an investment.

3. The exclusion is applicable to income received infrequently or irregularly by an eligible, individual, eligible or ineligible spouse, ineligible parent(s) and ineligible children.

4. The dollar amount of the exclusion does not increase, even if both an eligible individual and spouse (eligible or ineligible) have infrequent or irregular income.

5. Effective September 8, 2006, if an individual begins receiving a recurring payment (like a Social Security check) in the third month of a quarter, the payment does not meet the definition of infrequent because it will be received in the following month, even though the following month is in another quarter. The same would be true if the recurring payment ended in the first month of a quarter, but had been received in the prior month in another quarter.

23 Miss. Code. R. 104-4.3

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).