Section 75-02-01.2-44 - Income described1. All income that is actually available must be considered. Income is actually available when it is at the disposal of an applicant or recipient; when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make the sum available for support or maintenance; or when the applicant or recipient has the lawful power to make the income available or to cause the income to be made available. In specific circumstances, income available to individuals other than the applicant or recipient is deemed available. This subsection does not supersede other provisions of this chapter which describe or require specific treatment of income, or which describe specific circumstances that require a particular treatment of income.2. Income may be earned, unearned, or deemed. It may be received regularly, irregularly, or in lump sums. Income may be counted or excluded. It may be disregarded for some purposes, but not for others. Other sections of this chapter explain those treatments.3. Each household member must accept any earned rights benefits to which entitled. Each household member must provide verification as to whether the household member is qualified for earned rights benefits; and, if qualified, must make application for those benefits and secure those benefits if qualified.4. Earned income includes: a. Wages, salaries, commissions, bonuses, or profits received as a result of holding a job or being self-employed;b. Earnings from on-the-job training including the Workforce Innovation and Opportunity Act;c. Wages received as the result of participation in a program under the Older Americans Act;d. Wages received from sheltered workshop employment;e. Sick leave pay or loss-of-time private insurance paid for the loss of employment due to illness or injury;f. Compensation for jury duty;i. Income from room rentals;j. Income from participation in job corps; andk. Income from internship or stipends.5. Unearned income includes:a. Social security, veterans benefits of any kind, private pensions, pensions provided to former employees of public entities, workers' compensation, unemployment benefits, union compensation during strikes, and military allotments;b. Rents paid without an appreciable amount of personal involvement and effort provided as a service to the tenant, mineral lease rentals, bonus payments and royalties, dividends, and interest paid;e. General assistance payments made to any member of the household by a human service zone or the bureau of Indian affairs; andf. Any other form of income that is not earned income.6. Deemed income includes: a. In the case of income deemed from a stepparent, that stepparent's entire gross income less: (1) The greater of one hundred eighty dollars or the twenty-seven percent standard employment expense allowance;(2) An additional amount for the support of the stepparent and any other individuals living in the home whose needs are not taken into account in making the eligibility determination and who are or could be claimed by the stepparent as dependents for federal income tax purposes, but not including any sanctioned individuals or individuals who are required to be included in the household, but have failed to cooperate, equal to the standard of need amount for a family group of the same composition and size as the stepparent and those other individuals described in this paragraph;(3) Spousal support payments, child support payments, health insurance premiums, and child or adult dependent care costs related to employment or employment and education or training actually being made to or on behalf of individuals not living in the home; and(4) Amounts actually being paid to individuals not living in the home who are or could be claimed by the stepparent as dependents for federal income tax purposes.b. In the case of income deemed from the sponsor of a sponsored alien, the income of the sponsor and the sponsor's spouse is calculated by allowing:(1) The earned income disregard of the greater of one hundred eighty dollars or the twenty-seven percent standard employment expense allowance; and(2) A disregard equal to one hundred thirty percent of the federal poverty level equal to the household size of the sponsor.N.D. Admin Code 75-02-01.2-44
Effective December 9, 1996; amended effective July 1, 1997; January 1, 2003; January 1, 2011.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02