| (a) Applicants with household income at or below the Texas
median income level are eligible without a copayment requirement.
(b) Applicants with income at or above 105% of the Texas median
income level must contribute to the cost of services in the IH/FSP.
(c) SSI recipients who are determined to have a disability
are categorically eligible and are exempt from the copayment requirement.
(d) Copayments are determined according to the State Median
Income (SMI) for the federal fiscal year. A client whose income is at or
below the SMI for his household size has no copayment. A client whose income
is at or greater than 105% of the SMI will be assessed a copayment. The copayment
begins at 10% of the cost of the items/services and increases in 10% increments
until 100% of the cost of items/services is reached, at which point the client
is ineligible. The copayment is assessed as follows:
Attached Graphic
(e) Applicants must provide to the caseworker all required
documentation of earned or unearned income or both. This income is considered
in determining financial eligibility. The following income is exempt from
income eligibility calculation:
(1) Proceeds of either a commercial or an informal loan for
which repayment is required with or without interest. To claim exemption of
the proceeds of a loan, a client must prove that he acknowledges an obligation
to repay and that some plan for repayment exists. If these can be verified,
no written contract is required.
(2) Payments from the Agent Orange Settlement Fund or
any other fund established in the settlement of the Agent Orange Product liability
litigation (Public Law 101-239).
(3) Any payment received under the Radiation Exposure
Compensation Act (Public Law 101-246).
(4) Value of any housing assistance paid on a house under
the United States Housing Act of 1937, the National Housing Act, §101
of the Housing and Urban Development Act of 1965, or Title V of the Housing
Act of 1949 as authorized by Public Law 94-347.
(5) Payment from any source made to individuals because
of their status as victims of Nazi persecution (Public Law 103-286).
(f) An applicant 18 or older who lives with a spouse or relatives
has the household income considered only if he was reported as a dependent
on the personal income tax return form or if he filed a joint tax return with
his spouse.
(g) An applicant who has earned income at or below the limits
listed in IRS Publication 17 must sign a statement reporting the amount of
earned income, unless he filed a personal income tax return claiming a refund
for federal withholding. If he files this type of a tax return, he must present
it to the caseworker as documentation of earned income.
(h) Upon request from the caseworker, the applicant or his
responsible party must furnish the documentation or verification needed to
determine eligibility within 10 days of the interview. If the applicant fails
to provide the information requested, the caseworker notifies the applicant
in writing, specifying the information that is needed and advising that failure
to furnish the information could result in denial of the application. If the
applicant has not furnished the information and is not making a good faith
effort to obtain the information, the caseworker denies the application at
the end of the 45-day application processing period.
(i) Consumers must notify the caseworker within 10 calendar
days of a change in their circumstances that were considered in determining
their eligibility or copayment amount.
|
| Source Note: The provisions of this §48.2703 adopted to be effective April 4, 1988, 13 TexReg 1393; amended to be effective May 1, 1990, 15 TexReg 1963; amended to be effective February 1, 1991, 15 TexReg 7618; amended to be effective May 1, 1992, 17 TexReg 2610; amended to be effective December 1, 1992, 17 TexReg 7797; amended to be effective October 1, 1993, 18 TexReg 6026; amended to be effective October 15, 1994, 19 TexReg 7807; amended to be effective October 1, 1995, 20 TexReg 7079; amended to be effective October 1, 1996, 21 TexReg 8953; amended to be effective October 1, 1997, 22 TexReg 9489; amended to beeffectiveAugust 15, 1998, 23 TexReg 7849; amended to be effective November 1, 2000, 25 TexReg 10375 |
