|(a) To be eligible for MBIC, a child's family must
have monthly countable income less than or equal to 150% of the Federal
Poverty Level (FPL).
(b) Countable income means:
(1) earned income for purposes of the Supplemental
Security Income (SSI) program minus all applicable exclusions and
exemptions, as explained in 20 CFR §§416.1110 - 416.1112;
(2) unearned income for purposes of the SSI program
minus all applicable exclusions and exemptions, as explained in 20
CFR §§416.1120 - 416.1124, except HHSC does not count as
(A) in-kind support and maintenance;
(B) payments made from or interest earned on a tuition
savings program under §358.388 of this title (relating to Tuition
(C) payments made from or interest earned on an Achieving
a Better Life Experience (ABLE) account under §358.389 of this
title (relating to Achieving a Better Life Program); and
(D) income earned on a school-based savings program
under §358.390 of this title (relating to School-Based Savings
(c) To determine the family's monthly countable income,
HHSC counts the income of the child applying for or receiving MBIC,
the income of the child's parents living in the same household as
the child, and the income of the child's ineligible siblings living
in the same household as the child.
(1) For a stepparent's income to count, the stepparent
must be the current husband or wife of a natural or adoptive parent
living in the same household as the child and the natural or adoptive
(2) A sibling's income counts through the month of
(A) 18th birthday; or
(B) 22nd birthday, if the sibling is, as determined
by HHSC, regularly attending school, college, or job training.
(3) HHSC calculates the family's monthly countable
income as follows:
(A) Total the following:
(i) Monthly countable income of the child applying
for or receiving MBIC.
(ii) Combined monthly countable income of the child's
(iii) Countable monthly income of each of the child's
ineligible siblings that is in excess of 150% of the FPL for a household
of one, multiplied by 2, plus $85.
(B) Subtract $85 from the total arrived at in subparagraph
(A) of this paragraph.
(C) Divide the total arrived at in subparagraph (B)
of this paragraph by 2.
|Source Note: The provisions of this §361.111 adopted to be effective January 1, 2011, 35 TexReg 11572; amended to be effective February 3, 2013, 38 TexReg 367; amended to be effective November 20, 2016, 41 TexReg 9006