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1. A child, away at school (vocational or educational training facility), who returns home on some weekends, holidays, or vacations and is subject to parental control is considered temporarily absent from the parents’ household regardless of the duration of the absence.
a) Evidence which may indicate a child away at school is not subject to parental control includes an existing agreement, court order or signed statements from parents or school authorities. In the absence of such evidence, consider the child subject to parental control.
L. Any item which is not income to an eligible individual is also not income to an ineligible spouse or parent. In addition, the following types of income are excluded from deeming:
1. Exclude income used by an ineligible spouse or ineligible parent (or child) to make support court-ordered payments.
a) If an ineligible child receives child support payments, do not disregard one-third of the payment as is done for an eligible child.
2. Exclude a stepparent’s income from deeming.
a) The case is treated as a one-parent household, deeming the legal parent’s income to the eligible child.
3. Exclude In-Home Supportive Services Payments provided under Title XX or other federal, state or local governmental programs to an eligible individual and paid by the individual to his ineligible spouse, parent or child living in the same household in return for in-home supportive services (chore, attendant, homemaker, etc.).
a) Such payments made directly to the ineligible spouse, parent or child to provide services to the ineligible are also excluded for deeming purposes.
b) Retroactive IHSS payments are not a resource for one calendar month following month of receipt.
1) Any unspent portion becomes a resource if retained into the second calendar month following receipt.
M. Public Income Maintenance Payments (PIM) Received by a Deemor are treated as follows:
1. PIM payments are payments based on need paid under the following:
a) Temporary Assistance for Needy Families (TANF);
b) Supplemental Security Income (SSI);
c) The Refugee Act of 1980;