9 Colo. Code Regs. § 2503-5-3.549
Current through Register Vol. 47, No. 22, November 25, 2024
Section 9 CCR 2503-5-3.549 - AND-CS INCOME DISREGARDS AND DEEMED INCOMEA. If the client has income, apply the following income disregards: 1. To determine countable earned income: a. Deduct $65 from the monthly gross income; and,b. Divide the remainder by two (2).c. The result is the countable earned income.2. To determine countable unearned income: a. Determine the client's unearned income from all sources.b. Subtract any amount received from SSI.c. Deduct $20 from the remainder. 1) If the client is married, the $20 disregard shall be split between the client and the spouse so that no more than a $20.00 disregard is applied for the married couple.2) A client who receives SSI only, and does not receive any other unearned income, does not receive an unearned income disregard.d. Add the full SSI income back to the remainder.e. The result is the countable unearned income.f. If the client's unearned income is less than $20.00, the difference between the gross unearned income and the $20.00 deduction shall be applied to the earned income calculation, if applicable.B. Subtract the countable earned and countable unearned income from the AND-CS grant standard to determine the grant payment amount.C. A portion of the earned income of an AND-CS client's spouse shall be deemed to the client, as follows:1. Determine the spouse's monthly gross income.2. Deduct $65.00 from the monthly gross income; and,3. Divide the remainder by two (2).4. The result is the amount deemed to the client.D. A portion of the unearned income for the AND-CS client's spouse shall be deemed to the client, as follows: 1. Determine the spouse's monthly gross unearned income.2. Deduct any remaining unearned income disregard remaining from the client or $20.00, whichever is less. A couple shall be allowed a combined $20.00 disregard, which is split between the client and the spouse.3. The result is countable unearned income and is deemed to the client.E. When the AND-CS client is an unemancipated child under eighteen (18) years of age, the earned and unearned income of the child and the child's parents shall be subject to disregards and deeming, as outlined above. The parents' income shall be deemed using the same calculations as a spouse.F. If a spouse or parent 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 AND-CS client and shall not be deemed. If a spouse is institutionalized and the client has retained the MMMNA, the MMMNA shall be deducted from the institutionalized spouse's total income.G. A sponsor's income can only be deemed towards the non-citizen client he or she sponsors. The amount of earned and unearned income to deem from a sponsor(s) to a 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, as defined in Section 3.510, for an individual for the month in which eligibility is being determined; plusb. A deduction for the sponsor's spouse living in the same household with the sponsor, equal to one-half the current SSI benefit standard, as defined in Section 3.510, for an individual; or a deduction for the sponsor's spouse, who is also a co-sponsor of the non-citizen client, equal to the current SSI benefit standard for an individual; plusc. A deduction equal to one-half the SSI benefit standard, as defined in Section 3.510, for an individual 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. Compare the non-citizen client's countable income 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/parents, and the sponsor(s). The total shall be deducted from the AND-CS grant standard to determine the client's grant payment amount.37 CR 13, July 10, 2014, effective 8/1/201437 CR 17, September 10, 2014, effective 10/1/201438 CR 04, February 25, 2015, effective 3/20/201538 CR 04, February 25, 2015, effective 4/1/201538 CR 09, May 10, 2015, effective 6/1/201538 CR 15, August 10, 2015, effective 9/1/201538 CR 23, December 10, 2015, effective 1/1/201639 CR 17, September 10, 2016, effective 10/1/201640 CR 03, February 10, 2017, effective 2/14/201741 CR 05, March 10, 2018, effective 4/1/201841 CR 15, August 10, 2018, effective 9/1/201841 CR 19, October 10, 2018, effective 11/1/201842 CR 01, January 10, 2019, effective 2/1/201943 CR 01, January 10, 2020, effective 1/1/202043 CR 03, February 10, 2020, effective 3/1/202043 CR 11, June 10, 2020, effective 7/1/202043 CR 23, December 10, 2020, effective 1/1/202144 CR 03, February 10, 2021, effective 3/2/202144 CR 13, July 10, 2021, effective 8/1/202145 CR 03, February 10, 2022, effective 3/2/202245 CR 05, March 10, 2022, effective 4/1/202245 CR 13, July 10, 2022, effective 7/1/202245 CR 15, August 10, 2022, effective 8/10/202245 CR 15, August 10, 2022, effective 8/30/202246 CR 01, January 10, 2023, effective 12/10/202246 CR 01, January 10, 2023, effective 1/1/202346 CR 03, February 10, 2022, effective 3/2/2023