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Chapter: 2400 Budgeting Income Program: TCA 26 2420.0406 Disqualification for Felony Drug Trafficking (TCA) An individual who has been convicted of felony drug trafficking including agreeing, conspiring, combining, or confederating with another person to commit the act committed after 8/22/1996 pursuant to 893.135 F.S. shall be permanently disqualified from the Temporary Cash Assistance Program. If the illegal behavior that lead to the conviction occurred on or before 8/22/96, the disqualification does not apply regardless of the date of the conviction. If a court expunges the felony drug trafficking conviction, the individual is not subject to the disqualification. The individual must provide proof of the expungement. 2420.0407 Disqualification for Intentional Program Violation (TCA) Any member of a household who intentionally gives false information or hides information to receive or continue to receive Temporary Cash Assistance may be subject to the following penalties:

1. disqualification from Temporary Cash Assistance for 12 months after the first violation, 2. 24 months after the second violation, and 3. permanently for the third violation.

The individual can also be fined up to $10,000, imprisoned up to five years or both. The individual may also be subject to further prosecution under other applicable state and federal laws. 2420.0500 INCOME AVERAGING (TCA) Income averaging is a method used to adjust for fluctuations in income. 2420.0501 Averaging Fluctuating Income (TCA) To average income, the eligibility specialist must consider the assistance group's anticipation of monthly income fluctuations over the eligibility review period. When averaging income, use the most recent consecutive four weeks or the best available information when it is representative of the individual's future earnings.

Example 1: At application, Mr. Smith provides the most recent consecutive four pay stubs from his job. He states he has not received any pay raises or significant changes in the number of hours he is working. As such, the eligibility specialist projects his future monthly earnings on an average of the four pay stubs he presented.

Example 2: At eligibility review, Mr. Smith provides the most recent consecutive four pay stubs from his job. The two more recent stubs indicate a $1.00 increase in his hourly rate. Since he has had a change in his hourly rate, the eligibility specialist does not use all four pay stubs to project his future earning potential. Instead, the eligibility specialist uses the two pay stubs which are representative of his future earnings and averages these to project his monthly earnings. 2420.0502 When Income should be Averaged (TCA) When computing a budget, income should be averaged whenever it is received:

1. in differing amounts; 2. at varying periods; 3. from sources such as tips, commissions, and overtime; 4. at a regular rate and schedule of pay, but to cover time periods which vary; or 5. in any combination of the above, or any time the same amount is not received at the same time each month, resulting in the amounts to be budgeted varying from month to month.