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STANDARDS OF ASSISTANCE Regulations INCOME 44-115 (Cont.)
44-115 EVALUATION OF INCOME IN-KIND (Continued)
If the applicant or recipient presents satisfactory evidence that the value of the item reasonably anticipated to be received in kind is other than the value specified in Section 44- 115.31, such evidence shall be used by the county in determining the value of the item if it is to the recipient's financial advantage. Recipients who are having in-kind income deducted from their grants should be informed that this method of contesting the values established in Section 44-115.31 exists.
.33 If an applicant or recipient presents satisfactory evidence of the value of a need item shared with persons who are not members of the AU or whose needs are not considered in the AU, the in-kind value attributable to the AU shall be the lesser of:
.331 their pro rata share, for persons whose needs are considered in the AU, of the net market value or cost of the item, or
.332 the in-kind income table value established in accordance with Section 44-115.311 for the appropriate number of persons whose needs are considered in the AU.
.333 Example: If an AU of three in Region 1whose needs are all considered shares free housing with another person, making a household of four, and the applicant or recipient presents satisfactory evidence that the net market value of the housing is $120, the in-kind value of the housing to the AU would be $90 (3/4 of $120). If the net market value of the housing is $520, in this example, then the AU's pro rata share of this amount would be $390 -- however, if the in-kind income table value for housing for an AU of three in Region 1was $380*, the $380* value would be used because the table values established in accordance with .311 represent the maximum in-kind income value that may be applied.
* The amount $380 is subject to change. Use the currently applicable amount established in accordance with 44-115.311.
NOTE: Authority cited: Sections 10553, 10554, 11450, 11452.018, and 11453, Welfare and Institutions Code. Reference: Sections 11265.8, 11253.5, 11265.2, 11450, 11450.015, 11450.4(c), 11450.5, 11452, 11452.018, 11453, and 11486, Welfare and Institutions Code; and Federal Terms and Conditions for the California Assistance Payments Demonstration Project as approved by the United States Department of Health and Human Services on October 30, 1992.
CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-14-02 Effective 7/1/14
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