<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 07.03.16.11" title_num="07" subtitle_num="03" chapter_num="16" heading="Income.">
  <paragraph num="A.">
    <text>Sources of Countable Income.</text>
    <paragraph num="(1)">
      <text>RCA income calculations apply to both members of an assistance unit and nonmembers as described in §F of this regulation 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 RCA even if no cash assistance is paid.</text>
    </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; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Earnings from self-employment.</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; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Divide the gross earned income received monthly by 4.3, 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>Lump sum income as described in Regulation .12 of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The prorated portion of the income of a technically ineligible individual as described in §F(3) of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Child support;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Monetary gifts and contributions;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Social Security retirement, survivors, and disability benefits;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Workers' compensation;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Unemployment insurance benefits received by the assistance unit; and</text>
      </paragraph>
      <paragraph num="(h)">
        <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 Farmers Home Administration (FMHA), §515 of the Housing Act of 1949 (42 U.S.C. §1485).</text>
        </paragraph>
      </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 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 for an undergraduate student;</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 Farmers 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 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 LDSS 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 RCA 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; and</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Any cash grant received by the individual under the United States Department of State or Department of Justice Reception and Placement programs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The LDSS may not consider a sponsor's income to be accessible to a refugee solely because the individual is serving as a sponsor.</text>
  </paragraph>
  <paragraph num="F.">
    <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="(1)">
      <text>Apply the income disregards as described in Regulation .13 of this chapter to the income of the ineligible member;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Divide the result by the number of individuals in the assistance unit plus the ineligible member; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Multiply the quotient as determined in §F(2) of this regulation by the number of assistance unit members to obtain the amount of income countable from the ineligible member.</text>
    </paragraph>
  </paragraph>
</regulation>