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305.2 TANF MANUAL 10/18 Page 13

recipient of either program can be counted in determining the amount of an TANF payment, even though the applicant/recipient is the spouse of the needy caretaker or the parent of the eligible children.* When living together, the income of a minor caretaker's parent(s) will be deemed available to the minor caretaker's assistance unit until the minor caretaker reaches the age of 18, regardless as to whether the minor caretaker is excluded from the assistance unit, due to SSI receipt, or for any other reason.**

B. If an individual receives income or benefits such as, but not limited to, RR Retirement, other retirement benefits, Unemployment Compensation, Veterans’ benefits, or Social Security benefits, the actual amount of the income or benefit received by the individual may differ from the gross amount to which the individual is eligible. Whether the gross or actual amount is counted for TANF purposes is based on the type of income or benefit reduction.

1. The gross amount of income or benefit, not the actual amount received by the individual, will be counted when: • the individual is clearly entitled to the benefit but chooses not to accept it; • the income is from wages or benefits garnished by a third party; or • a court has ordered that child support be withheld from the income or benefit (Note: Benefits from which child support can be withheld include, but are not limited to, Social Security benefits, Veteran’s benefits, Unemployment benefits, and Worker’s Compensation benefits. Supplemental Security Income (SSI) and public assistance benefits are exempt from child support claims based on federal and state law.)

Example 1: Mother applies for TANF for herself and one child. Mother is disabled and receives SSA. Mother’s SSA check is reduced each month to pay a court-ordered child support obligation (court order states that the child support will be deducted from the SSA check). Mother is entitled to receive $200.00 but only receives $100.00. The agency will count the full $200.00 as income for the TANF AU.

Example 2: Mother applies for TANF for herself and one child. Mother is disabled and receives SSA. Mother’s SSA check is reduced each month to pay an IRS tax debt. Mother is entitled to receive $200.00 but only receives $100.00. The agency will count the full $200.00 as income for the TANF AU.

2. The actual amount of income or benefit received, not the gross amount for which the individual is eligible, will be counted as income when: • some, or all, of the income or benefit has been retained by the issuer due to overpayment or program non-compliance; or • the TANF child is the beneficiary of the income but only a portion of the income is available to the caretaker.

* Social Security Act, Section 402(a)(24) ** 45 CFR 233.20(a)(3)(xviii)

TANF Transmittal 65