Page 572

West Virginia Income Maintenance Manual Chapter 4

West Virginia Income Maintenance Manual Page 100 Chapter 4 Income

4.4.4.L Withheld Income 4.4.4.L.1 From Earned Income Earnings withheld to repay an advance payment are excluded, if they were counted in the month received. If not counted in the month received, the withheld earnings are considered income. No other earned income is excluded from consideration just because it is withheld by the employer. This includes income garnishments, such as child support. See Section 4.4.2, Income Disregards and Deductions, above for allowable deductions. 4.4.4.L.2 From Unearned Income Treatment of unearned income depends on the reason it is being withheld and the government program, if any, involved. ➢ Repayment ▪ Means-tested Programs Means-tested programs include, but are not limited to, WV WORKS, SSI, HUD, and Pell educational grants. When a client's benefits under a federal or State means-tested program are reduced due to the client's intentional misrepresentation, the amount being recouped from current benefits is counted as income. When intentional misrepresentation cannot be documented by the means-tested program, the income is not counted. The Worker must accept the determination of the program issuing the NOTE: Although Retirement, Survivors, and Disability Insurance (RSDI) and SSI are both paid by the Social Security Administration (SSA), they are separate programs and not treated as from the same source for this policy. This applies to both means-tested and non- means tested programs.

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Page 572

Official source

West Virginia Income Maintenance Manual Chapter 4

West Virginia Income Maintenance Manual Page 100 Chapter 4 Income

4.4.4.L Withheld Income 4.4.4.L.1 From Earned Income Earnings withheld to repay an advance payment are excluded, if they were counted in the month received. If not counted in the month received, the withheld earnings are considered income. No other earned income is excluded from consideration just because it is withheld by the employer. This includes income garnishments, such as child support. See Section 4.4.2, Income Disregards and Deductions, above for allowable deductions. 4.4.4.L.2 From Unearned Income Treatment of unearned income depends on the reason it is being withheld and the government program, if any, involved. ➢ Repayment ▪ Means-tested Programs Means-tested programs include, but are not limited to, WV WORKS, SSI, HUD, and Pell educational grants. When a client's benefits under a federal or State means-tested program are reduced due to the client's intentional misrepresentation, the amount being recouped from current benefits is counted as income. When intentional misrepresentation cannot be documented by the means-tested program, the income is not counted. The Worker must accept the determination of the program issuing the NOTE: Although Retirement, Survivors, and Disability Insurance (RSDI) and SSI are both paid by the Social Security Administration (SSA), they are separate programs and not treated as from the same source for this policy. This applies to both means-tested and non- means tested programs.