N.D. Admin. Code 75-02-02.1-38.2

Current through Supplement No. 395, January, 2025

Section 75-02-02.1-38.2 - Disregarded income

This section applies to an individual residing in the individual's own home or in a specialized facility, workers with disabilities coverage, children with disabilities coverage, and to the medicare savings programs, but does not apply to an individual receiving nursing care services in a nursing facility, the state hospital, an institution for mental disease, a psychiatric residential treatment facility, an intermediate care facility for individuals with intellectual disabilities, or receiving swing-bed care in a hospital. The following types of income shall be disregarded in determining medicaid eligibility for individuals not subject to a MAGI-based methodology:

1. Money payments made by the department in connection with foster care, subsidized guardianship, or the subsidized adoption program;

2. Occasional small gifts;

3. County general assistance that may be issued on an intermittent basis to cover emergency-type situations;

4. Income received as a housing allowance by a program sponsored by the United States department of housing and urban development or rent supplements or utility payments provided through a housing assistance program;

5. Income of an individual living in the parental home if the individual is not included in the medicaid unit;

6. Educational loans, scholarships, grants, awards, workers compensation, vocational rehabilitation payments, and work study received by a student, or any fellowship or gift, or portion of a gift, used to pay the cost of tuition and fees at any educational institution;

7. In-kind income except in-kind income received in lieu of wages;

8. Per capita judgment funds paid to members of the Blackfeet Tribe and the Gross Ventre Tribe under Pub. L. 92-254, to any tribe to pay a judgment of the Indian claims commission or the court of claims under Pub. L. 93-134, or to the Turtle Mountain Band of Chippewa Indians, the Chippewa Cree Tribe of Rocky Boy's Reservation, the Minnesota Chippewa Tribe, or the Little Shell Tribe of Chippewa Indians of Montana under Pub. L. 97-403;

9. Compensation received by volunteers participating in the action program as stipulated in the Domestic Volunteer Service Act of 1973 [ Pub. L. 93-113; 42 U.S.C. 4950 et seq.], including foster grandparents, older American community service program, retired senior volunteer program, service corps of retired executives, volunteers in service to America, and university year for action;

10. Benefits received through the low income home energy assistance program;

11. Training funds received from vocational rehabilitation;

12. Training allowances of up to thirty dollars per week provided through a tribal native employment works program, or the job opportunity and basic skills program;

13. Income tax refunds and earned income credits;

14. Needs-based payments, support services, and relocation expenses provided through programs established under the Workforce Investment Act [ 29 U.S.C. 2801 et seq.], and through the job opportunities and basic skills program;

15. Income derived from submarginal lands, conveyed to Indian tribes and held in trust by the United States, as required by section 6 of Pub. L. 94-114 [ 25 U.S.C. 459 e ];

16. Income earned by a child who is a full-time student or a part-time student who is not employed one hundred hours or more per month;

17. Payments from the family subsidy program;

18. The first fifty dollars per month of current child support, received on behalf of children in the medicaid unit, from each budget unit that is budgeted with a separate income level;

19. Payments made to recipients under title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [ Pub. L. 91-646, 42 U.S.C. 4621 et seq.];

20. Payments made tax exempt as a result of section 21 of the Alaska Native Claims Settlement Act [ Pub. L. 92-203 ];

21. Payments to certain United States citizens of Japanese ancestry, resident Japanese aliens, and eligible Aleuts made under the Wartime Relocation of Civilians Reparations Act [ Pub. L. 100-383; 50 U.S.C. App. 1989 et seq.];

22. Agent orange payments;

23. A loan from any source that is subject to a written agreement requiring repayment by the recipient;

24. The medicare part B premium refunded by the social security administration;

25. Payments from a fund established by a state as compensation for expenses incurred or losses suffered as a result of a crime;

26. Temporary assistance for needy families benefit and support service payments;

27. Lump sum supplemental security income benefits in the month in which the benefit is received;

28. German reparation payments made to survivors of the holocaust and reparation payments made under sections 500 through 506 of the Austrian General Social Insurance Act;

29. Assistance received under the Disaster Relief and Emergency Assistance Act of 1974 [ Pub. L. 93-288; 42 U.S.C. 5121 et seq.], or some other federal statute, because of a presidential declared major disaster, and interest earned on that assistance;

30. Refugee cash assistance or grant payments;

31. Payments from the child and adult food program for meals and snacks to licensed families who provide day care in their home;

32. Extra checks consisting only of the third regular payroll check or unemployment benefit payment received in a month by an individual who is paid biweekly, and the fifth regular payroll check received in a month by an individual who is paid weekly;

33. All income, allowances, and bonuses received as a result of participation in the job corps program;

34. Payments received for the repair or replacement of lost, damaged, or stolen assets;

35. Homestead tax credit;

36. Training stipends provided to victims of domestic violence by private, charitable organizations for attending their educational programs;

37. Allowances paid to children of Vietnam veterans who are born with spina bifida, or to children of women Vietnam veterans who are born with certain covered birth defects, under 38 U.S.C. 1805 or 38 U.S.C. 1815;

38. Netherlands reparation payments based on Nazi, but not Japanese, persecution during World War II [ Pub. L. 103-286; 42 U.S.C. 1437 a, note];

39. Radiation Exposure Compensation Act [ Pub. L. 101-426; 42 U.S.C. 2210, note];

40. Interest or dividend income from liquid assets;

41. Additional pay received by military personnel as a result of deployment to a combat zone; and

42. All wages paid by the census bureau for temporary employment related to census activities.

N.D. Admin Code 75-02-02.1-38.2

Amended by Administrative Rules Supplement 2014-353, July 2014, effective January 1, 2014. .

General Authority: NDCC 50-06-16, 50-24.1-04

Law Implemented: NDCC 50-24.1-02, 50-24.1-37; 42 USC 1396 a(e)