La. Admin. Code tit. 67 § III-5329

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-5329 - Income

A. Income is any gain or benefit to a household that has monetary value and is not considered a resource. Count all income in determining pretest eligibility except income from:

1. adoption assistance;

2. earned income of a child who is in school and working toward a high school diploma, GED, or special education certificate;

3. disaster payments;

4. Domestic Volunteer Service Act;

5. Earned Income Credits (EIC);

6. education assistance;

7. energy assistance;

8. foster care payments;

9. monetary gifts up to $30 per calendar quarter;

10. Agent Orange Settlement payments;

11. HUD payments or subsidies other than those paid as wages or stipends under the HUD Family Investment Centers Program;

12. income in-kind;

13. Indian and Native Claims and Lands;

14. irregular and unpredictable sources;

15. lump sum payments;

16. nutrition programs;

17. job training income that is not earned;

18. relocation assistance;

19. loans;

20. Wartime Relocation of Civilians Payments;

21. Developmental Disability Payments;

22. Delta Service Corps post-service benefits paid to participants upon completion of the term of service if the benefits are used as intended for higher education, repayment of a student loan, or for closing costs or down payment on a home;

23. Americorps VISTA payments to participants (unless the value of all such payments, adjusted to reflect the number of hours such volunteers are serving, is equivalent to or greater than the minimum wage);

24. Radiation Exposure Compensation Payments;

25. payment to victims of Nazi persecution;

26. restricted income received for a person not in the income unit. Restricted income is income which is designated specifically for a person's use by federal statute or court order and may include RSDI, VA benefits and court ordered-support payments; or

27. Crime victim compensation program payments to an applicant/recipient whose assistance is necessary, in full or in part, because of the commission of a crime against the applicant, and to the extent it is sufficient to fully compensate the applicant for losses suffered as a result of the crime;

28. effective October 1, 2004, additional pay received and made available to the household by a member of the United States Armed Forces deployed to a designated combat zone;

29. effective May 1, 2006, Supplemental Security Income (SSI);

30. effective March 1, 2006, dividend income. Exception: Dividends received from a resource-exempt trust fund will not be excluded as income;

31. effective May 1, 2006, Supplemental Security Income (SSI);

32. any payments other than wages received as a result of the Mississippi Canyon Well Incident in the Gulf of Mexico on April 20, 2010; or

33. grant funded research payments.

B. Pretest

1. In order to meet this requirement, the gross countable income of the caretaker relative's KCSP income unit must be less than 150 percent of the federal poverty threshold for the family size.

2. For purposes of this pretest, the caretaker's KCSP income unit is defined to include:

a. the child; and

b. the caretaker relative; and

c. anyone residing in the home for whom the caretaker relative claims financial responsibility.

3. For purposes of this pretest, income is defined as countable income belonging to any member of the KCSP income unit. Exception effective May 1, 2006: Income for children receiving foster care and Supplemental Security Income is not included in the income test.

C. Income after Pretest. The child is determined eligible for KCSP if the child's monthly countable income is, effective January 1, 2022, less than $450. If the child's monthly countable income is, effective January 1, 2022, $450 or more, the child is ineligible.

D. Payment Amount

1. Effective January 1, 2022, the KCSP basic assistance payment amount is $450 per month for each eligible child.

2. Within the limits of appropriations, a KCSP household may also receive a nonrecurrent, short-term (NRST) benefit that meets the regulatory definition (45 CFR 260.31(b)(1)) to mitigate the impact of a specific crisis situation broadly affecting needy families or a specific episode of need affecting a specific family, such as an economic crisis, disaster, pandemic, etc. The department has flexibility to respond with a sufficient and appropriate response regarding the duration of payments up to four months, type of payment (lump-sum or monthly installments), number of NRST benefits provided for different episodes of crisis or need, payment amount for each NRST benefit, and any lifetime limits imposed for eligible families.

La. Admin. Code tit. 67, § III-5329

Promulgated by the Department of Social Services, Office of Family Support, LR 26:353 (February 2000), amended LR 26:2832 (December 2000), LR 31:2958 (November 2005), LR 32:1617 (September 2006), LR 32:1913 (October 2006), repromulgated LR 32:2098 (November 2006), amended by the Department of Children and Family Services, Economic Stability and Self-Sufficiency Section, LR 36:2537 (November 2010), LR 38:1390 (June 2012), Amended by the Department of Children and Family Services, Economic Stability, LR 451443 (10/1/2019), Amended LR 47, Amended by the Department of Children and Family Services, Economic Stability Section, LR 471841 (12/1/2021), LR 471842 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with 42 U.S.C. 601 et seq. and 10602(c), R.S. 36:474, R.S. 46:231.1.B, R.S. 46:237, and P.L. 108-447, Act 16, 2005 Reg. Session, 7 CFR 273.2(j).