Ariz. Admin. Code § R9-31-304 - Income Eligibility

A. Income standard. The combined gross income of the household income group members as specified in subsection (C) shall not exceed the percentage of the appropriate FPL under A.R.S. § 36-2981 for the Title XXI household income group size.

B. Calculating monthly income. The Administration or its designee shall calculate monthly income under R9-22-1423.

C. The Administration or its designee shall include the income of persons described under R9-22-1420(B) .

1. For this Section:

a. "Child" means a person less than 19 years of age or an unborn child.

b. "Parent" means a biological, adoptive, or step parent.

2. The following related persons, when residing together, constitute a Title XXI household income group:

a. A married couple and children of either one or both;

b. An unmarried couple with a common child and at least one other child of either one or both;

c. A married couple when one or both are under age 19 with no child;

d. A single parent and the single parent's child;

e. A child who does not live with a parent; and

f. The following persons, when living with a child:

i. A spouse of the child;

ii. A child of the spouse child;

iii. A child of the child; and

iv. The other parent of a child of the child.

3. A member of the household income group who is absent from a household shall be included in the child's household income group if absent:

a. For 30 days or less,

b. For the purpose of seeking employment or to maintain a job,

c. For serving in the military, or

d. For an educational purpose and the child's parent claims the child as a dependent on the parent's income tax return.

D. Income disregards. When determining gross income of the household, the Administration or its designee shall disregard income as described under R9-22-1421(A) .

1. Income specified in 20 CFR 416, Appendix to subpart K as of June 6, 1997, which is incorporated by reference and on file with the Office of the Secretary of State and the Administration. This incorporation by reference contains no future editions or amendments;

2. Income paid according to federal law that prohibits the use of the income when determining eligibility for public benefits;

3. Money received as the result of the conversion of an asset;

4. Income tax refunds; and

5. An amount equal to the expenses of producing self-employment income from the gross self-employment income.

E. Effective date of initial eligibility.

1. For an eligibility determination completed by the 25th day of the month, eligibility shall begin on the first day of the month following the determination of eligibility.

2. For an eligibility determination completed after the 25th day of the month, eligibility shall begin on the first day of the second month following the determination of eligibility.

Notes

Ariz. Admin. Code § R9-31-304

Adopted under an exemption from A.R.S. Title 41, Chapter 6, pursuant to Laws 1998, Ch. 4, § 11, 4th Special Session, effective October 23, 1998 (Supp. 98-4). Amended by final rulemaking at 7 A.A.R. 5846, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 5150, effective January 3, 2004 (Supp. 03-4). Amended by final rulemaking at 20 A.A.R. 193, effective 1/7/2014.