Ala. Admin. Code r. 660-2-2-.30

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-2-2-.30 - Income

(1) Only currently available gross income is taken into consideration in determining eligibility for and the amount of the assistance payments unless specifically excluded according to State and Federal law or as otherwise provided for in program operating manuals. "Available" income is that which is verified as being received by any member of the assistance unit or received by someone not in the assistance unit but in the home and designated for a member who is not included in the assistance unit but is considered legally responsible for the support of someone in the assistance unit, or income in the home of a person who is required to be a member of the assistance unit under 660-2-2-.36 but whose needs are excluded due to penalty or failure to fulfill an eligibility requirement or income received by an alleged father of a child included in the assistance unit when living in the home with the child and the child's mother. Persons legally responsible for the support of others are: spouse responsible for spouse, and parent and stepparent (by marriage or common-law) and alleged father (living in the home with his child and the child's mother) responsible for child under 18 or under 19 if a full-time student in secondary school or in the equivalent level of vocational or technical training. Income of a sponsor, after certain deductions, is considered available to an alien.

(2) Of total proceeds received from self-employment, 40% will be subtracted as operating expenses. Disregards/ deduction from earnings are as follows:

(a) disregard all earnings from new employment that is timely and accurately reported in the first twelve months in which wages are received, then deduct the following work expenses thereafter;

(b) the first 30% of gross earnings; and

(c) the cost (on an as paid basis) of child care or care for an incapacitated adult living in the same home and receiving FA.

(3) All earned income of a dependent child who is a full-time student or a part-time student not full-time employed is disregarded for purposes of the payment computation.

(4) Applicants will receive the disregards in 2(a) if they are eligible with only deductions in 2(b)(c) above.

(5) Certain client activities related to earnings will result in loss of all earned income disregards and work expense deductions for at least one month unless good cause for the activity is established. The earning disregard, the 30% deductions and dependent care costs are not deducted if an individual voluntarily terminated his employment or reduced his earnings without good cause or failed without good cause to make a timely and accurate report (within 10 days) of receipt of earnings or a change in earnings.

Ala. Admin. Code r. 660-2-2-.30

Effective June 28, 1983. Emergency amendment effective October 1, 1984. Succedent emergency amendment effective November 5, 1984. Permanent initial amendment effective December 10, 1984. Permanent succedent amendment effective February 11, 1985. Emergency repealer of first succedent amendment effective January 24, 1985. Second succedent emergency amendment effective February 1, 1985. Permanent repealer of first succedent amendment effective April 11, 1985. Succedent permanent amendment effective July 9, 1985. Succedent emergency amendment effective May 23, 1986. Succedent permanent amendment effective August 12, 1986. Succedent emergency amendment effective January 1, 1987. Succedent permanent amendment effective April 29, 1987. Succedent emergency amendment effective October 1, 1989. Succedent permanent amendment effective December 11, 1989. Succedent emergency amendment effective September 27, 1991. Succedent permanent amendment effective January 9, 1992. Amended: Filed January 3, 1997; effective February 7, 1997. Amended: Filed September 4, 1997; effective October 9, 1997. Amended: Filed November 18, 1998; December 23, 1998. Amended: Filed May 5, 2006; effective June 9, 2006. Amended: Filed October 6, 2009; effective November 10, 2009.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, eff. 8/18/2014.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 06, March 31, 2022, eff. 5/15/2022.

Author: Melody Armstrong

Statutory Authority: Social Security Act, Title IV-A; 45 C.F.R. 233.20, 233.37; P.L. 98-369, effective October 1, 1984; State Plan for Title IV-A; Code of Ala. 1975, Title 38; and SSA-AT-86-1.