16 Del. Admin. Code § 4203-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4203-5.0 - Financial Eligibility

5.1 To be eligible for the CTP the applicant must have countable household income that is less than 650% of the Federal Poverty Level (FPL).

5.2 Income is any type of money payment that is of gain or benefit to an individual. Income is either counted or excluded for the eligibility determination.

5.3 Countable income includes but is not limited to:

5.3.1 Social Security benefits - as paid after deduction for Medicare premium

5.3.2 Pension - as paid

5.3.3 Veterans Administration Pension - as paid

5.3.4 U.S. Railroad Retirement Benefits - as paid

5.3.5 Wages - gross amount before deductions for taxes and FICA

5.3.6 Senior Community Service Employment - gross amount before deductions for taxes and FICA

5.3.7 Interest/Dividends - gross amount

5.3.8 Capital Gains - gross amount from capital gains on stocks, mutual funds, bonds.

5.3.9 Credit Life or Credit Disability Insurance Payments - as paid

5.3.10 Alimony - as paid

5.3.11 Rental Income from entire dwelling - gross rent paid minus standard deduction of 20% for expenses

5.3.12 Roomer/Boarder Income - gross room/board paid minus standard deduction of 10% for expenses

5.3.13 Self Employment - countable income as reported to Internal Revenue Service (IRS)

5.3.14 Unemployment Compensation - gross amount before deductions for taxes and FICA

5.4 Excluded income includes but is not limited to:

5.4.1 Annuity payments

5.4.2 Individual Retirement Account (IRA) distributions

5.4.3 Payments from reverse mortgages

5.4.4 Capital gains from the sale of principal place of residence

5.4.5 Conversion or sale of a resource (i.e. cashing a certificate of deposit)

5.4.6 Income tax refunds

5.4.7 Earned Income Tax Credit (EITC)

5.4.8 Vendor payments (bills paid directly to a third party on behalf of the individual)

5.4.9 Government rent/housing subsidy paid directly to individual (i.e. HUD utility allowance)

5.4.10 Loan payments received by individual

5.4.11 Proceeds of a loan

5.4.12 Foster care payments made on behalf of foster children living in the home

5.4.13 Retired Senior Volunteer Program (RSVP)

5.4.14 Veterans Administration Aid and Attendance payments

5.4.15 Victim Compensation payments

5.4.16 German reparation payments

5.4.17 Agent Orange settlement payments

5.4.18 Radiation Exposure Compensation Trust Fund payments

5.4.19 Japanese-American, Japanese-Canadian, and Aleutian restitution payments

5.4.20 Payments from long term care insurance or for inpatient care paid directly to the individual

5.5 Determination of the household income will be based on the family budget group, which is the total number of persons whose income is budgeted together. This will always include the following:

5.5.1 Married couples if they live together; and,

5.5.2 Unmarried couples who live together as a married couple.

5.5.3 Couples will be considered as living together as a married couple if:

5.5.3.1 They say they are married, even if the marriage cannot be verified; or,

5.5.3.2 They are recognized as a married couple in the community; or,

5.5.3.3 One partner uses the other's last name; or,

5.5.3.4 They state they intend to marry.

5.6 In households that include a caretaker, the caretaker's children and other children that are the caretaker's responsibility, the caretaker's income and those of his or her children are always budgeted together. The income of any other children in the home will be considered separately. In these situations, the separate budget groups can be combined to form a single family budget group only when the following conditions are met:

5.6.1 CTP benefits would be denied to any of the recipients by maintaining separate budget groups.

5.6.2 The caretaker chooses to have his or her income and those of his or her children considered with the income of any other people in the home.

16 Del. Admin. Code § 4203-5.0

18 DE Reg. 67( 7/1/2014) (Final)