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(1) Residents receiving care in drug or alcoholic treatment facilities or Congregate Care Level 2 facilities.
(i) Public assistance (PA) recipients receiving care, but not residing in Congregate Care Level 2 facilities. The income of family assistance (FA) or safety net assistance (SNA) recipients receiving care and residing in drug or alcoholic treatment facilities who are in receipt of FA or SNA, but are not “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the district's maximum monthly FA or SNA grant for basic needs, the home energy allowance (HEA), the supplemental home energy allowance (SHEA) and the appropriate shelter allowance for a household of the equivalent size with no income, as set forth in section 352.3(a)(1) of this Title; provided, however, that if applicable and a lower amount, countable income will be the sum of the room and board allowance set forth in section 352.8(b)(1) plus the personal needs allowance (PNA) as set forth in section 352.8(c)(1)(i);
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) countable income will be equal to the district's maximum monthly FA or SNA grant for basic needs, the home energy allowance (HEA), the supplemental home energy allowance (SHEA) and the appropriate shelter allowance for a household of the equivalent size with no income, as set forth in section 352.3(a)(1) of this Title; provided, however, that if applicable and a lower amount, countable income will be the sum of the room and board allowance set forth in section 352.8(b)(1) plus the personal needs allowance (PNA) as set forth in section 352.8(c)(1)(i);
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(ii) Non-PA recipients receiving care, but not residing in Congregate Care Level 2 facilities. The income of households receiving care and residing in drug or alcoholic treatment facilities who are not in receipt of FA or SNA and are not “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the sum of each individual's earned and unearned income, as set forth in this Part;
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) countable income will be equal to the sum of each individual's earned and unearned income, as set forth in this Part;
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(iii) Residents of Congregate Care Level 2 facilities. The income of individuals residing in drug or alcoholic treatment facilities that are Congregate Care Level 2 facilities and “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the sum of the following:
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(b) shelter cost will be equal to the SSI Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less, less for each person in the FS household the SSI Level 2 PNA, as set forth in section 131-o(1)(b) of the Social Services Law, if applicable, and less the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) countable income will be equal to the sum of the following:
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(b) shelter cost will be equal to the SSI Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less, less for each person in the FS household the SSI Level 2 PNA, as set forth in section 131-o(1)(b) of the Social Services Law, if applicable, and less the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.