(a) Calculating countable income. Unless an applicant
is adjunctively eligible as described in subsection (b) of this section,
HHSC determines an applicant's financial eligibility by calculating
the applicant's countable income. To determine countable income, HHSC
adds the incomes listed in paragraph (1) of this subsection, less
any deductions listed in paragraph (2) of this subsection, and exempting
any amounts listed in paragraph (3) of this subsection.
(1) To determine income eligibility, HHSC counts the
income of the following individuals if living together:
(A) the female age 18 through 44, inclusive, applying
for HTW;
(i) the female's spouse; and
(ii) the female's children age 18 and younger; or
(B) the female age 15 through 17, inclusive, applying
for HTW;
(i) the female's parent(s);
(ii) the female's siblings age 18 and younger; and
(iii) the female's children;
(2) In determining countable income, HHSC deducts the
following items:
(A) work-related expense deductions of up to $120 of
earned income;
(B) a dependent care deduction of $200 per month for
each child under two years of age, and $175 per month for each dependent
two years of age or older, including an earned income deduction for
the actual costs of unreimbursed payments if the person incurs an
expense for the care of a child or incapacitated adult or transportation
of a child to and from day care or school;
(C) payments to dependents living outside the home;
(D) alimony;
(E) child support payments; and
(F) up to $75 per month in received regular child support
payments, except HHSC counts all child support payments an applicant
received if HHSC determines the applicant has violated an agreement
to assign child support to the State.
(3) HHSC exempts from the determination of countable
income the following types of income:
(A) any income that federal law excludes;
(B) the earnings of a child:
(i) who is 18 years of age and is a full-time student,
including a home-schooled student, or a part-time student employed
less than 30 hours a week; or
(ii) who is under 18 years of age and is:
(I) a full-time student, including a home-schooled
student; or
(II) a part-time student employment less than 30 hours
a week;
(C) up to $300 per federal fiscal quarter in cash gifts
and contributions that are from private, nonprofit organizations and
are based on need;
(D) proceeds from claims on insurance policies to compensate
for a loss or that are used to pay medical expenses;
(E) payments from federal volunteer programs for volunteer
service, such as payments:
(i) for volunteer service in a senior citizen volunteer
program, under the Domestic Volunteer Service Act (42 U.S.C. §§5000
et seq.);
(ii) for volunteer service to Volunteers in Service
to America (VISTA), (42 U.S.C. §§4951 - 4960); and
(iii) for volunteer service under the National and
Community Service Act (42 U.S.C. §§12511 - 12657);
(F) payments under the Workforce Innovation and Opportunity
Act (29 U.S.C. §§3101, et seq.);
(G) the value of any benefits received under a government
nutrition assistance program that is based on need, including benefits
under the Supplemental Nutrition Assistance Program (SNAP) (formerly
the Food Stamp Program) (7 U.S.C. §§2011-2036), the Child
Nutrition Act of 1966 (42 U.S.C. §§1771-1793), the National
School Lunch Act (42 U.S.C. §§1751-1769), and the Older
Americans Act of 1965 (42 U.S.C. §§3056, et seq.);
(H) foster care payments;
(I) payments made under a government housing assistance
program based on need;
(J) energy assistance payments;
(K) job training payments that:
(i) are earmarked as reimbursement for training-related
expenses; and
(ii) do not duplicate payment for an item that is covered
by budgetary needs;
(L) a lump sum provided and used to pay burial, legal,
or medical bills, or to replace damaged or lost possessions, except
HHSC does not exclude amounts from lump sums used for another purpose;
(M) reimbursements for monies spent on items not covered
by budgetary needs;
(N) amounts deducted from royalties for production
expenses and severance taxes;
(O) all income of Supplemental Security Income recipients;
(P) third-party funds received and used for a third-party
beneficiary who is not a household member;
(Q) vendor payments made from funds not legally obligated
to the household;
(R) veterans benefits for special needs that are not
items covered by budgetary needs;
(S) workers' compensation payments legally obligated
to the recipient that are earmarked and used for medical expenses;
(T) the amount of any nonfarm self-employment income
offsetting a tax deduction taken that year for a farm loss, for households
with farms generating income of at least $1,000 annually;
(U) up to $2,000 of gifts annually from tax-exempt
organizations provided to children with life-threatening conditions;
(V) independent living payments to youths who are leaving
foster care, as provided by the Social Security Act, Title IV-E (42
U.S.C. §§670 et seq.);
(W) funds from payments of up to $2,000 to Native Americans
made under the federal Old Age Assistance Claims Settlement Act (25
U.S.C. §§2301-2307) or the federal Alaska Native Claims
Settlement Act (43 U.S.C. §§1601-1629);
(X) funds from payments made to volunteers under Title
I of the Domestic Volunteer Services Act of 1973 (42 U.S.C. §§4950,
et seq.);
(Y) funds from adoption subsidy payments made under
Title IV-A (42 U.S.C. §§601, et seq.) and Title IV-E (42
U.S.C. §§670, et seq.) of the Social Security Act;
(Z) funds from insurance policy dividends;
(AA) funds from veterans payments earmarked as a housebound
allowance or as an aid and attendance allowance;
(BB) earned income tax credit payments;
(CC) federal, state, or local government payments provided
to rebuild a home or replace personal possessions damaged in a disaster,
including payments under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. §§5121 et seq.), if
the recipient is subject to legal sanction if the payment is not used
as intended;
(DD) funds from educational assistance payments (but
only during the quarter, semester, or applicable period that the payment
is intended to cover);
(EE) loans, if the circumstances satisfy HHSC that
there exists an understanding that the money will be repaid, and the
applicant or client reasonably explains to HHSC how the money will
be repaid; and
(FF) crime victim's compensation payments.
(b) Adjunctive eligibility. An applicant or client
is considered adjunctively eligible at an initial or renewal application,
and therefore automatically financially eligible, if:
(1) a member in her budget group receives benefits
under the Women, Infants, and Children (WIC) supplemental nutrition
program;
(2) she is a member of a certified Supplemental Nutrition
Assistance Program (SNAP) household;
(3) she is in a Children's Medicaid budget group for
someone receiving Medicaid; or
(4) she is receiving Temporary Assistance for Needy
Families (TANF) cash or is in a TANF budget group for someone receiving
TANF cash.
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