1115.070.00 Income and Expenses From Disqualified/Ineligible Members for Failure to Obtain or Provide an SSN, Immigration Status, Not Meeting the ABAWD Work Requirement, or Comparable Disqualification – DSS Manuals

IM-71 August 31, 2023 ; IM-34 March 15, 2013 ; IM-24 March 4, 2002 ; IM-121 July 2, 2001 ; IM-10 February 16, 1999

During the period of time a household member is disqualified or ineligible:

for failure to obtain or refusal to provide a Social Security number (SSN)

due to immigration status (non-citizen not meeting the criteria of a qualified immigrant, or is a temporary or undocumented immigrant)

due to participant subject to and not meeting the ABAWD work requirement, or

due to participant with a comparable disqualification for failure to comply with a required action for a means-tested public assistance program (see 1115.080.00 Prohibition in Increasing Food Stamp Benefits ),

Determine eligibility and benefits of any remaining household members as follows:

Income:

Count a pro rata share of the income of the ineligible member as income to the remaining members.

Calculate the pro rata share by subtracting the allowable exclusions, such as child support, from the ineligible member’s income and dividing the income amount among all the household members, including the ineligible member(s).

Note: Child support payments paid to persons outside the household are exclusions and should be deducted prior to prorating the income among the household members.

Count all but the ineligible member’s share as unearned income to the remaining household members.

Deductible Expenses:

Earned Income Deduction: Apply the 20 percent earned income deduction to the prorated income attributed to the household if the income was earned income by the ineligible member.

Shelter and Dependent Care Expenses: The portion of the household’s allowable shelter and dependent care expenses that are either paid by or billed to the ineligible member are divided evenly among the household members, including the ineligible member(s). Utility standards are not prorated even if the member is responsible for the expense. The pro rata share for the qualified household members is counted as a dependent care or shelter expense.

Note: If the ineligible member is the only elderly/disabled person in the household, do not allow medical expenses in excess of $35.

Eligibility and Benefit Level:

Do not include the disqualified/ineligible member(s) when:

determining the household’s size for purposes of assigning an allotment to the household

comparing the household’s net monthly income with the income eligibility standards; or

comparing the household’s resources with the resource eligibility limits

Note: If the ineligible member is the only elderly/ disabled person in the household, both the gross and net income tests apply.

Note: This section does not include budgeting information of ineligible students. Refer to 1135.025.10 Eligibility Determination for ineligible student policy.