Mo. Code Regs. tit. 13 § 40-7.020
Current through Register Vol. 49, No. 23, December 2, 2024
Section 13 CSR 40-7.020 - Household CompositionPURPOSE: This amendment clarifies the Household Composition Standard for Family MO HealthNet programs and the Children's Health Insurance Program (CHIP) for those under nineteen (19). The federal rules on this have been in effect prior to 2014.
(1) A household shall include the taxpayer, or in the case of a joint return, taxpayers, and all tax dependents. (A) In the case of a married couple living together, each spouse shall be included in the household of the other spouse regardless of whether they expect to file jointly or whether one (1) spouse is expected to be declared as a tax dependent of the other spouse.(B) In determining the household size of a pregnant woman, the division shall count the pregnant woman plus the number of unborn children she is expecting to deliver. In determining the household size of other individuals who have a pregnant woman in the household the pregnant woman is considered as one (1) person.(C) If a taxpayer cannot reasonably establish that another individual is a tax dependent for the tax year for which eligibility is sought, the inclusion of such individual in the household shall be determined in accordance with section (3) of this rule.(D) In the case of a participant taxpayer under age nineteen (19), who resides with his or her parents, the household shall be determined in accordance with section (3) of this rule.(2) In the case of a participant who expects to be claimed as a tax dependent by another taxpayer for the taxable year in which an initial determination or renewal of eligibility is being made, the participant's household is the household of the taxpayer claiming such individual as a tax dependent with the following exceptions: (A) Family members and unrelated individuals claimed as a tax dependent by a taxpayer other than a parent or spouse;(B) Children claimed as a tax dependent by the non-custodial parent; or(C) Children who expect to be claimed by one (1) parent as a tax dependent and are living with both parents but whose parents do not expect to file a joint tax return.(3) For participants who do not expect to file a tax return, who do not intend to be claimed as a tax dependent, or tax dependents that fall into an exception under subsections (2)(A), (2)(B), or (2)(C) of this rule, the household shall consist of- (B) The spouse of the participant if living with the participant;(C) Children of the participant if living with the participant; and(D) For participants who are children- 1. The participant's parents who live with the participant;2. Any siblings, who are also dependent children, who live with the participant.(4) This rule shall be effective for all eligibility decisions made on January 1, 2014, and any date after. AUTHORITY: section 207.020, RSMo 2000, and section 208.991, RSMo Supp. 2013.* Original rule filed July 31, 2013, effective Feb. 28, 2014. Amended by Missouri Register February 15, 2019/Volume 44, Number 4, effective 4/1/2019*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.991, RSMo 2013.