10- 144 C.M.R. ch. 332, § 17.5-2

Current through 2024-51, December 18, 2024

Section 144-332-17.5-2 - INCOME FOR ELIGIBILITY GROUPS FOR WHICH MAGI-BASED METHODOLOGY APPLIES

Section 2.1: MAGI-based Income

MAGI-based income is defined as income calculated using the same financial methodologies used to determine modified adjusted gross income as defined in section36B(d)(2)(B) of the Internal Revenue Code, ["Modified adjusted gross income" means adjusted gross income increased by - (a) Any amount excluded from gross income under section 911 of the Internal Revenue Code; (b) Any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax; and (c) An amount equal to the portion of the taxpayer's social security benefits (as defined in the Internal Revenue Code Section 86(d) which is not included in gross income under section 86 for the taxable year"], with the following exceptions:

A. An amount received as a lump sum is counted as income only in the month received;

B. Scholarships, awards, or fellowship grants used for education purposes and not for living expenses are excluded from income;

C. American Indian/Alaska Native exceptions. The following are excluded from income:

(1) Distributions from Alaska Native Corporations and Settlement Trusts;

(2) Distributions from any property held in trust, subject to Federal restrictions, located within the most recent boundaries of a prior Federal reservation, or otherwise under the supervision of the Secretary of the Interior;

(3) Distributions and payments from rents, leases, rights of way, royalties, usage rights, or natural resource extraction and harvest from:

(a) Rights of ownership or possession in any lands located within the most recent boundaries of a prior Federal reservation, or otherwise under the supervision of the Secretary of the Interior; or

(b) Federally protected rights regarding off-reservation hunting, fishing, gathering, or usage of natural resources;

(4) Distributions resulting from real property ownership interests related to natural resources and improvements :

(a) Located on or near a reservation or within the most recent boundaries of a prior Federal reservation; or

(b) Resulting from the exercise of federally-protected rights relating to such real property ownership interests;

(5) Payments resulting from ownership interests in or usage rights to items that have unique religious, spiritual, traditional, or cultural significance or rights that support subsistence or a traditional lifestyle according to applicable Tribal Law or custom;

(6) Student financial assistance provided under the Bureau of Indian Affairs education programs.

Section 2.2 Income Conversion Methodology

When income is received once a month, the taxable income is the amount to be counted.

When income is received twice a month (usually the first and fifteenth of each month), multiply the taxable wages by two.

When income is received biweekly, multiply the taxable wages by 2.15.

When income is received weekly, multiply the taxable wages by 4.3.

10- 144 C.M.R. ch. 332, § 17.5-2