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Authority: IC 12-13-2-3 ; IC 12-13-5-3 ; IC 12-14-28-7
Affected: IC 12-14-2
Sec. 4. (a) In addition to the income sources specifically excluded under federal law, the following income is excluded from consideration in determining eligibility and the amount of the assistance payment: (1) Assistance provided by a township trustee or other agency that provides in-kind assistance based on need through vendor payments. (2) Nonexempt educational income not: (A) received directly by; or (B) made available to; a member of a TANF group. (3) A loan for which there is a verified repayment schedule in effect. (4) Tax refunds. (5) Home energy assistance administered or funded by the office of the lieutenant governor. (6) Workforce Investment Act income. (7) The value of the monthly food stamp allotment. (8) Contributions from a Supplemental Security Income recipient in the household. (9) Earned income of a TANF dependent child who is a full-time student. (10) The first thirty dollars ($30) of all infrequent and inconsequential contributions received by an individual during a calendar quarter. (11) The income of a nonparent caretaker who is not included as a member of the assistance group.
(b) When determining eligibility and the amount of the assistance payment, the computations in this subsection shall be made to establish countable gross income for the payment month. Income received other than monthly shall be converted to a monthly amount as follows: (1) Income received weekly shall be multiplied by four and three-tenths (4.3). (2) Income received every two (2) weeks shall be multiplied by two and fifteen-hundredths (2.15). (3) Income received twice per month shall be multiplied by two (2). (4) Income that is not expected to continue throughout the payment month shall count only to the extent it is anticipated to be received during the payment month. (5) Income resulting from a contractual agreement shall be prorated over the number of months covered under the contract, and the resultant amount shall be considered available monthly income during these months. (6) Income received on a quarterly, semiannual, or annual basis shall be divided by the appropriate number of months to establish the monthly amount. (7) Income received to defray the cost of education shall be prorated over the period intended to be covered by the income. (8) Fluctuating income may be averaged to determine a monthly amount. (9) The countable self-employment income is determined by subtracting from the total income the deduction listed in clause (A) or (B) as follows, whichever is greater: (A) Deduct forty percent (40%) of the gross income. (B) Deduct actual business expenses as follows when there is proof of such expenses: (i) Wages, commissions, and mandated costs relating to the wages for employees of the self-employed. (ii) The cost of shelter in the form of rent, mortgage, or contract payments, including interest, taxes, and utilities. (iii) The cost of inventory, machinery, and equipment in the form of rent, loans, direct purchase, and contract payments, including the interest on the loans or contract payments. (iv) Insurance on the real and personal property of the business. (v) The cost of repairs on the business equipment or shelter. (vi) The cost of any travel required. If the actual cost cannot be determined, twenty-five cents ($0.25) per mile shall be used to calculate the expense.
(c) The following deductions may be applied against an individual's gross countable income to determine eligibility: (1) The first ninety dollars ($90) of the earned income of: (A) an applicant; (B) a recipient; or (C) a financially responsible adult. (2) Thirty dollars ($30) of an applicant's or a recipient's earned income remaining after the deduction in subdivision (1) for a period not to exceed twelve (12) consecutive months. (3) One-third (1/3) of the applicant's or recipient's remaining earned income following the deductions in subdivisions (1) and (2) for a period not to exceed four (4) consecutive months. (4) Mandatory deductions withheld from the unearned income of: (A) an applicant; (B) a recipient; or (C) a financially responsible nonrecipient adult. (5) An amount equal to the unmet need, based on the standard of need in section 3 of this rule, of the applicant's or recipient's spouse and their nonrecipient dependent children under eighteen (18) years of age living in the home. (6) An amount equal to the unmet need, based on the standard of need in section 3 of this rule, of the financially responsible adult's nonrecipient dependent children under eighteen (18) years of age living in the home. (7) The actual costs of tuition, mandatory books, fees, and transportation directly associated with education from the nonexempt educational income of an undergraduate student when the individual's exempt educational income is insufficient to meet those expenses. (8) Child support payments for nonrecipient children living outside the home made by the spouse of an applicant or a recipient. (9) Child support payments for nonrecipient children living outside the home made by the nonrecipient parent of a minor applicant or recipient parent or caretaker living in the home.
(d) The following deductions may be applied against an individual's gross countable income to determine the amount of TANF assistance: (1) Seventy-five percent (75%) of the earned income received by a recipient. (2) Mandatory deductions withheld from the unearned income of: (A) an applicant; (B) a recipient; or (C) a financially responsible nonrecipient adult. (3) An amount equal to the unmet need, based on the standard of need in section 3 of this rule, of the applicant's or recipient's spouse and their nonrecipient dependent children under eighteen (18) years of age living in the home. (4) An amount equal to the unmet need, based on the standard of need in section 3 of this rule, of the financially responsible adult's nonrecipient dependent children under eighteen (18) years of age living in the home. (5) The actual costs of tuition, mandatory books, fees, and transportation directly associated with education from the nonexempt educational income of an undergraduate student when the individual's exempt educational income is insufficient to meet those expenses. (6) Child support payments for nonrecipient children living outside the home made by the spouse of an applicant or a recipient. (7) Child support payments for nonrecipient children living outside the home made by the nonrecipient parent of a minor applicant or recipient parent or caretaker living in the home.