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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

68 3. An individual receiving Aid to the Needy Disabled (AND) may also receive MAGI Medical Assistance, if the recipient meets the eligibility requirements for MAGI Medical Assistance. For these individuals, eligibility sites shall not include the applicant’s AND payment when calculating income to determine the household’s financial eligibility for MAGI Medical Assistance. 8.100.3.K. Consideration of Income 1. Income or resources of an alien sponsor or an alien sponsor’s spouse shall be countable to the sponsored alien effective December 19, 1997. Forms used prior to December 19, 1997, including but not limited to forms I-134 or I-136 are legally unenforceable affidavits of support. The attribution of the income and resources of the sponsor and the sponsor's spouse to the alien will continue until the alien becomes a U.S. citizen or has worked or can be credited with 40 qualifying quarters of work, provided that an alien crediting the quarters to the applicant/client has not received any public benefit during any creditable quarter for any period after December 31, 1996. a. Exception: When the sponsored alien is a pregnant woman or a child the income or resources of an alien sponsor or an alien sponsor’s spouse will not be countable to the sponsored alien. 2. Income, in general, is the receipt by an individual of a gain or benefit in cash or in kind during a calendar month. Income means any cash, payments, wages, in- kind receipt, inheritance, gift, prize, rents, dividends, interest, etc., that are received by an individual or family. 3. Earned income is payment in cash or in kind for services performed as an employee or from self-employment. 4. Earned in kind income shall be income produced as a result of the performance of services by the applicant/client, for which he/she is compensated in shelter or other items in lieu of wages. 5. Received means “actually” received or legally becomes available, whichever occurs first; the point at which the income first is available to the individual for