§ 1611.5Authorized exceptions to the annual income ceiling.
(a) Consistent with the recipient's policies and this part, a recipient may determine an applicant whose income exceeds the recipient's applicable annual income ceiling to be financially eligible if the applicant's assets do not exceed the recipient's applicable asset ceiling established pursuant to § 1611.3(d), or the asset ceiling has been waived pursuant to § 1611.3(d)(2), and:
(1) The applicant is seeking legal assistance to maintain benefits provided by a governmental program for low income individuals or families; or
(2) The Executive Director of the recipient, or his/her designee, has determined on the basis of documentation received by the recipient, that the applicant's income is primarily committed to medical or nursing home expenses and that, excluding such portion of the applicant's income which is committed to medical or nursing home expenses, the applicant would otherwise be financially eligible for service; or
(3) The applicant's income does not exceed 200% of the applicable Federal Poverty Guidelines amount and:
(i) The applicant is seeking legal assistance to obtain governmental benefits for low income individuals and families; or
(ii) The applicant is seeking legal assistance to obtain or maintain governmental benefits for persons with disabilities; or
(4) The applicant's income does not exceed 200% of the applicable Federal Poverty Guidelines amount and the recipient has determined that the applicant should be considered financially eligible based on consideration of one or more of the following factors as applicable to the applicant or members of the applicant's household:
(i) Current income prospects, taking into account seasonal variations in income;
(ii) Unreimbursed medical expenses and medical insurance premiums;
(iii) Fixed debts and obligations;
(iv) Expenses such as dependent care, transportation, clothing and equipment expenses necessary for employment, job training, or educational activities in preparation for employment;
(v) Non-medical expenses associated with age or disability;
(vi) Current taxes; or
(vii) Other significant factors that the recipient has determined affect the applicant's ability to afford legal assistance.
(b) In the event that a recipient determines that an applicant is financially eligible pursuant to this section and is provided legal assistance, the recipient shall document the basis for the financial eligibility determination. The recipient shall keep such records as may be necessary to inform the Corporation of the specific facts and factors relied on to make such determination.
Title 45 published on 2012-10-01
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