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INCOME FROM INELIGIBLE SPOUSE OF UNIT MEMBER

ISSUE DATE: 11/2016

See 0016.03 (Income From Disqualified Unit Members) for spouses who are ineligible due to disqualification. See 0016.15 (Income From Ineligible Parents), for spouses who are ineligible due to student status. See 0017.15.93 (Military Income) for spouses who are out of the home on military duty.


MFIP, DWP:

Follow general provisions. Also see 0016.33 (Income of Ineligible Non-Citizens).


SNAP:

See 0016.33 (Income of Ineligible Non-Citizens), 0016.36 (Income of Ineligible Students).


MSA:

For SSI recipients, SSA makes all income determinations. No county action is necessary.

When a non-SSI MSA client lives with a spouse who is not eligible for MSA, part of the ineligible spouse's income may be considered available to the client. To determine the amount:

1.

Determine the client's own net income allowing the exclusions in Chapter 17 and the deductions and disregards listed in 0018 (Determining Net Income). If the client's income exceeds the MSA individual living alone standard in 0020.21 (MSA Assistance Standards), the client is ineligible. If the client's own income is equal to or less than the MSA standard, go on to Step 2.

2.

Determine the gross income of the ineligible spouse. See 0017 (Determining Gross Income).

3.

Deduct work expenses from earned income. See 0018.06 (Work Expense Deductions). Also deduct any court-ordered child support, spousal support, child care support, or medical support the spouse pays to someone outside the home.

4.

Use the difference between the SSI individual Federal Benefit Rate (FBR) and the couple FBR as the amount to allocate for the needs of each of the ineligible spouse's minor children in the home. See 0029.06.03 (Supplemental Security Income Program). Reduce the amount of this deduction by each child's own income. Deduct the allocation from unearned income first and then from earned income.

5.

If the ineligible spouse's remaining income is less than the difference between the SSI individual FBR and the couple FBR, do not count any of the spouse's income as available to the client. Use the individual standard rather than a couple standard. See 0020.21 (MSA Assistance Standards). Otherwise, go on to Step 6.

6.

Add any remaining earned income to the client's gross earned income and any unearned income to the client's gross unearned income before redetermining the client's net income following the procedure in 0018 (Determining Net Income).



GA:

Do not count any income of a spouse who is ineligible for GA due to eligibility for MSA or SSI.

Do not count the income of a spouse who is ineligible for GA due to eligibility for RCA unless the spouse had income allocated in the RCA budget to meet the needs of the GA unit member. If the allocation is sufficient to meet the needs of the GA spouse, there is no GA eligibility.

The income of a spouse ineligible for GA due to other reasons is deemed available to the GA unit.

To determine how much of the ineligible spouse’s income to deem to the GA unit:

1.

Determine the ineligible spouse’s gross income. See 0017 (Determining Gross Income).

2.

Subtract work expense deductions and earned income disregards, if appropriate. See 0018.06 (Work Expense Deductions), 0018.18 (Earned Income Disregards).

3.

Deduct $187 (First Adult Standard) as an allowance for the needs of the ineligible spouse.

4.

Deduct court-ordered child support, spousal support, child care support, medical support, or other payments to meet the needs of a person who lives outside of the household, who is or could be claimed as a dependent for federal income tax liability or for whom payments are required by court order.

5.

Deem the remaining income as unearned income to the GA unit.



GRH:

No provisions.

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