N.H. Admin. Code § He-W 854.18

Current through Register No. 50, December 12, 2024

Section He-W 854.18 - Adult Employment Expense Disregard

(a) Expenses which are reasonably attributable to the earning of income shall be subtracted from the earned income of individuals living in nursing facilities who are receiving OAA, APTD or ANB when determining the amount of the individual's cost of care liability as defined in He-W 854.17.

(b) The amount of the employment expense disregard shall be either a flat rate of $18.00 per month, or the amount of actual verified expenses if higher than $18.00 per month.

(c) The following expenses, if actually incurred and verified, shall be considered reasonably attributable to the earning of income:

(1) Social security taxes, at the rate set by SSA;

(2) Railroad retirement taxes;

(3) Federal withholding taxes, corresponding to the number of exemptions which the individual is legally entitled to claim;

(4) Mandatory retirement payments;

(5) Mandatory union dues;

(6) Other mandatory deductions from wages provided that the individual can document that the payroll deduction is not elective;

(7) Costs for transportation to and from work or to and from child care when child care is necessary for employment, subject to the following conditions:

a. To qualify as an allowable employment expense, the transportation used shall be the least expensive reasonable means available to the individual;

b. The amount of allowable transportation costs shall be computed by multiplying the average number of days per month an individual is employed, without deducting temporary absences of short duration, by the transportation cost for one day;

c. If the individual has been or will be reimbursed for transportation costs in any manner, the amount of the reimbursement shall be subtracted from the amount that would otherwise be allowed;

d. For travel incurred by an individual using his or her own vehicle, the allowable transportation cost shall be $0.21 per mile multiplied by the number of miles anticipated to be traveled in a month;

e. For travel provided in another person's privately owned vehicle, the allowable transportation cost shall be as charged up to the amount that would be allowed if the individual used his or her own vehicle; and

f. For travel provided by public transportation, such as by taxi or bus, the allowable transportation cost shall be the amount charged the public for such travel;

(8) Costs for uniforms and other unique clothing required for employment and not worn outside the work environment, subject to the following conditions:

a. Cleaning of uniforms shall not be an allowable employment expense unless the individual can document that a standard of cleanliness requires professional cleaning as a condition of employment;

b. The allowable expense shall be the amount actually paid by the individual for the special clothing;

c. If the amount varies monthly, an average shall be computed and applied until the next regularly scheduled redetermination; and

d. If the individual has been or will be reimbursed in any manner for a claimed special clothing expense, the reimbursed amount shall be subtracted from the amount which would otherwise be allowed; and

(9) Other mandatory employment related expenses claimed and verified by the individual.

N.H. Admin. Code § He-W 854.18

Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12050, Effective 11/19/2016, Expires 11/19/2027.