9 Colo. Code Regs. § 2503-5-3.544

Current through Register Vol. 47, No. 22, November 25, 2024

Section 9 CCR 2503-5-3.544 - AND-SO INCOME DISREGARDS AND DEEMED INCOME

Disregards shall be applied before calculating a client's total countable income. If a client's total countable income equals or exceeds the AND-SO grant standard after the disregards are applied, he or she shall be denied following the policies outlined in Section 3.554.

A. If the client has earned income, apply the following income disregards:

1. Deduct $65 from the gross earned income; and,

2. Divide the remainder by two (2).

3. The result is the countable earned income.

B. If the client has unearned income, apply the following income disregards:

1. Determine the client's gross unearned income from all sources.

2. Deduct $20.00. If the client is married, the $20.00 disregard shall be split between the client and the spouse so that no more than a $20.00 disregard is applied.

3. The result is countable unearned income.

C. Subtract the countable earned and countable unearned income from the AND-SO grant standard to determine the grant payment amount.

D. A portion of the earned income of the AND-SO client's spouse shall be deemed to the client, as follows:

1. Deduct sixty five dollars ($65) from the spouse's gross earned income; and,

2. Divide the remainder by two (2); and,

3. The result is the amount of earned income deemed to the client.

4. The deemed earned income shall be considered income to the client and shall be deducted, together with any other income, from the grant of the client.

5. Wages being garnished by the court are countable earned income.

E. A portion of the unearned income of the AND-SO client's spouse shall be deemed to the client, as follows:

1. Determine the spouse's unearned monthly gross income.

2. Deduct $20.00 unless the client also has unearned income. The $20.00 disregard shall be split between the client and the client's spouse so that no more than a $20.00 disregard is applied.

3. The result is deemed to the client.

F. If a client's spouse is receiving Adult Financial grant payments, SSI benefits, or Medicaid assistance and has income no greater than the SSI limit, their income shall not be considered as available to the client and shall not be deemed. If a client's spouse is institutionalized and the client has retained the minimum monthly maintenance needs allowance (MMMNA), the MMMNA shall be deducted from the institutionalized spouse's total income.

G. A sponsor's income can only be deemed to the non-citizen client he or she sponsors. The amount of earned and unearned income to deem from a sponsor(s) to a non-citizen client is calculated as follows:

1. The total gross earned and unearned income of the sponsor are added together.

2. The following deductions are subtracted from the total income of the sponsor:

a. A deduction for the sponsor equal to the current SSI benefit standard for an individual, as defined in Section 3.510 ; plus

b. A deduction for the sponsor's spouse living in the same household with the sponsor, equal to one-half the current SSI benefit standard for an individual, as defined in Section 3.510 ; or a deduction for the sponsor's spouse, who is also a co-sponsor of the non-citizen, equal to the current SSI benefit standard for an individual; plus

c. A deduction equal to one-half the SSI benefit standard for an individual, as defined in Section 3.510, for each person who is a dependent of the sponsor (other than the non-citizen client and the non-citizen client's spouse).

3. The difference between the total income and the total deductions is deemed as unearned income to the non-citizen client. This deemed income is added to the non-citizen client's own income to determine the total countable income.

4. The non-citizen client's countable income is compared to the income standard of the Adult Financial program for which the non-citizen client is applying to determine eligibility and/or the grant payment amount.

5. If more than one non-citizen client has the same sponsor, all of the sponsor's income is deemed to each non-citizen client. Do not divide the sponsor's income among the non-citizen clients.

H. The county department shall determine all countable earned and unearned income available from the client, the spouse, and the sponsor(s). The total shall be deducted from the AND-SO grant to determine the client's grant payment amount.

9 CCR 2503-5-3.544

37 CR 13, July 10, 2014, effective 8/1/2014

37 CR 17, September 10, 2014, effective 10/1/2014

38 CR 04, February 25, 2015, effective 3/20/2015

38 CR 04, February 25, 2015, effective 4/1/2015

38 CR 09, May 10, 2015, effective 6/1/2015

38 CR 15, August 10, 2015, effective 9/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

40 CR 03, February 10, 2017, effective 2/14/2017

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 15, August 10, 2018, effective 9/1/2018

41 CR 19, October 10, 2018, effective 11/1/2018

42 CR 01, January 10, 2019, effective 2/1/2019

43 CR 01, January 10, 2020, effective 1/1/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 11, June 10, 2020, effective 7/1/2020

43 CR 23, December 10, 2020, effective 1/1/2021

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 13, July 10, 2021, effective 8/1/2021

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 05, March 10, 2022, effective 4/1/2022

45 CR 13, July 10, 2022, effective 7/1/2022

45 CR 15, August 10, 2022, effective 8/10/2022

45 CR 15, August 10, 2022, effective 8/30/2022

46 CR 01, January 10, 2023, effective 12/10/2022

46 CR 01, January 10, 2023, effective 1/1/2023

46 CR 03, February 10, 2022, effective 3/2/2023