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<regulation prefix="Regulation" num=".13" citation="COMAR 07.03.03.13" title_num="07" subtitle_num="03" chapter_num="03" heading="Income and Benefit Amount.">
  <paragraph num="A.">
    <text>Sources of Countable Income.</text>
    <paragraph num="(1)">
      <text>TCA income calculations apply to both members of an assistance unit and nonmembers whose income is countable to the assistance unit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each member of the assistance unit is considered to be a recipient of FIP even though no cash assistance is paid.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Determination of Income from an Illegal or Undocumented Immigrant or a Technically Ineligible Household Member. A prorated portion of the income of an ineligible individual is counted as a resource to the assistance unit as follows:</text>
      <paragraph num="(a)">
        <text>Apply the income disregards as described in §E(3) of this regulation to the income of the ineligible member;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Divide the result by the number of individuals in the assistance unit plus the ineligible member; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Multiply the quotient by the number of assistance unit members to obtain the amount of income countable from the ineligible member.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Determination of Stepparent Income.</text>
      <paragraph num="(a)">
        <text>The income countable to TCA from a stepparent is determined in the following manner:</text>
        <paragraph num="(i)">
          <text>If the income of the stepparent is less than 50 percent of the official poverty level established under the Federal Community Services Block Grant, adjusted for family size, as described in Regulation .17C of this chapter, the local department may not count the income in calculating the TCA grant; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If the income equals or exceeds 50 percent of the poverty level established under the Federal Community Services Block Grant, adjusted for family size, as described in Regulation .17C of this chapter, the income is counted as a resource to the TCA grant.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The countable income of a stepparent is determined as described in §§B and C of this regulation, and from this amount the following disregards apply:</text>
        <paragraph num="(i)">
          <text>20 percent of the gross earned income, or 50 percent of the gross income if self-employed;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Out-of-pocket child care expenses as described in §E(3)(c) of this regulation;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>An amount that is equal to the payment standard in Regulation .17B of this chapter for an assistance unit of the same size as the stepparent's dependents living in the home and not included in the assistance unit;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Verified alimony or child support payments a stepparent makes to persons outside the stepparent's family; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Verified payments a stepparent makes to dependents outside the home.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Countable Earned Income.</text>
    <paragraph num="(1)">
      <text>Earnings from employment before consideration of any expenses required to earn the income include, but are not limited to:</text>
      <paragraph num="(a)">
        <text>Wages;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Salaries;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Commissions;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Tips;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Earnings from self-employment;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Armed Services Basic Allowance; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Infrequent or irregular earnings excluding up to a maximum of $30 per calendar quarter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Earned income is computed as a monthly amount as follows:</text>
      <paragraph num="(a)">
        <text>Multiply the weekly gross earned income by 4;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Multiply the gross earned income received once every 2 weeks by 2;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Divide the gross earned income received monthly by 4.3, and multiply by 4; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Divide the annual gross income by 52 and multiply by 4.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Countable Unearned Income.</text>
    <paragraph num="(1)">
      <text>Unearned income includes, but is not limited to, the following:</text>
      <paragraph num="(a)">
        <text>The portion of a sponsor's income countable to the assistance unit as described in Regulation .15B of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Lump sum income as described in Regulation .14 of this chapter;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The prorated portion of the income of a technically ineligible individual as described in §A(3) of this regulation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Child support received by the assistance unit;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Monetary gifts received by the assistance unit;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Monetary contributions received by the assistance unit;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Social Security retirement, survivors, and disability benefits received by the assistance unit;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Workers' compensation;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Unemployment insurance benefits received by the assistance unit;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>The first $60 of government housing subsidies paid on behalf of recipients residing in:</text>
        <paragraph num="(i)">
          <text>Public housing;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Section 8 housing; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(k)">
        <text>Infrequent or irregular unearned income excluding up to a maximum of $200 per 6 months.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Unearned income is calculated as a monthly amount as follows:</text>
      <paragraph num="(a)">
        <text>Multiply income received once every 2 weeks by 2;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Multiply income received weekly by 4;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Multiply income received twice a month by 2;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Divide income received less often than monthly, including annual income, by the period of time it is intended to cover; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Count monthly income as received.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Excluded Income. All income of a member of an assistance unit is countable except the following:</text>
    <paragraph num="(1)">
      <text>Earned income of a child;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The amount of earned income tax credit (EITC);</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Earned or unearned in-kind income;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Earned income of an SSI recipient;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>SSI benefit amount;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The value of the allotment provided under the Food Stamp Program;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A grant or loan to an undergraduate student for education purposes;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Educational work study earnings;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Government housing subsidies in excess of $60 per month on behalf of recipients residing in:</text>
      <paragraph num="(a)">
        <text>Public housing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Section 8 housing; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>Third-party vendor payments;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Loans, other than those in §C(1)(d) of this regulation, under the following conditions:</text>
      <paragraph num="(a)">
        <text>All loans are excluded, including loans from private individuals and commercial institutions;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A formal repayment agreement is not required but the intent to repay the loan must exist;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The household's statement may be accepted regarding the repayment agreement; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>In questionable cases, or cases where recurrent private loans are made, the local department may obtain a signed statement regarding the repayment obligation from the individual making the loan;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>Training allowances and expenses by active participants in approved FIP activities;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Foster care payments received by an individual on behalf of a foster child;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Payments received under a crime victims compensation program;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Federal, State, and local income tax refunds;</text>
    </paragraph>
    <paragraph num="(16)">
      <text>Reimbursements for out-of-pocket expenses while performing volunteer work;</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Cash donations based on need from one or more private nonprofit charitable organizations;</text>
    </paragraph>
    <paragraph num="(18)">
      <text>Adoption subsidies; and</text>
    </paragraph>
    <paragraph num="(19)">
      <text>Income specifically excluded as countable income for TANF by federal law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Benefit Amount.</text>
    <paragraph num="(1)">
      <text>The local department shall determine a TCA benefit payment amount by deducting the net countable income, rounded down to the nearest dollar, from the allowable amount for the assistance unit size specified in Regulation .17B of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The assistance unit shall be issued a benefit if determined to be eligible for $10 or more.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Net countable income for an assistance unit is determined by applying the allowable disregards in the following sequence:</text>
      <paragraph num="(a)">
        <text>20 percent of the gross earned income or 50 percent of gross self-employment income to test for eligibility during the application process;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>After eligibility has been established, 40 percent of the gross earned income or 50 percent of gross self-employment income for recipients who have obtained unsubsidized employment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Payments for the care of each child in the assistance unit or an incapacitated adult living in the home not to exceed:</text>
        <paragraph num="(i)">
          <text>$200 monthly for employment of 100 hours or more per month; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>$100 monthly for employment less than 100 hours per month; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Verified payments of child support to an individual outside the assistance unit.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Child care and adult care payments as described in §E(3) of this regulation are allowed only when it is necessary for an assistance unit member to:</text>
      <paragraph num="(a)">
        <text>Accept or continue employment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Seek employment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Attend an assessment or training that leads to employment; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Pursue education that leads to employment.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>