W. Va. Code R. § 126-85-52

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-85-52 - Determining Household Size

52.1. Basically, household size is determined by counting the number of related or unrelated individuals who live in a dwelling and who share living expenses or meals.

52.2. Students who are temporarily away at school and who receive their primary support from the family i.e., students attending boarding schools or colleges are counted as members of the household.

52.3. Military personnel not actually living with the household are not considered a member of the household for purposes of determining eligibility, but the money he/she sends to the household is included in the household's income.

52.4. A foster child is a child who is living with a family but who remains the legal responsibility of the welfare agency or court. For purposes of determining eligibility, a foster child is considered a household of one.

52.5. In cases where no specific welfare agency or court is legally responsible for the child; or where the child is living with at least one natural parent, other relatives or friends of the family, the child shall be considered to be a member of the family with whom he/she resides, and the size and total income of the household shall be used to determine the child's eligibility.

52.6. An adopted child is a child for whom a family has accepted legal responsibility and is considered to be a member of the household in which the child resides.

52.7. An institutionalized child is a child who resides in a residential-type facility that the state has determined is not a boarding school. A child who is institutionalized is considered to be a household of one and, in most cases, has no income. Only income a child earns from full time employment and/or personally receives while in residence at the institution, may be considered as income.

52.8. An older child, totally responsible for himself/herself, who does not reside as a member of a household (but rather as a single economic unit) is considered a household of one. Earned income and money from all other sources are considered income for such a child.

52.9. A student who attends but does not reside in an institution is considered a member of the household in which he/she resides. Eligibility must be determined by the household size and income of that household.

52.10. Foreign exchange students, refugees, aliens and citizens of other countries and/or their dependent children are considered to be members of the household in which they reside. The total household size and income are used in determining eligibility.

52.11. Whether the stepparent supports a stepchild, the child in this situation falls within the definition of a household. Therefore, the total household income, including TANF or child support payments to the parent, must be included in determining eligibility.

W. Va. Code R. § 126-85-52