Fla. Admin. Code Ann. R. 65A-4.209 - Income

(1) Income is cash received at periodic intervals from any source such as wages, benefits, contributions, rental property, etc. Cash is money or an equivalent, such as a check, money order or other negotiable instrument. Income must be substantiated, verified or documented as a condition of eligibility for Temporary Cash Assistance (TCA) as in subsection 65A-1.205(5), F.A.C.
(2) To be financially eligible for TCA, the total average gross monthly income less any applicable disregards of the standard filing unit cannot exceed the applicable payment standard for the assistance group. These standards and disregards are found in Sections 414.095(10) and (11), F.S. Monthly net income is calculated based on average gross monthly family income, earned and unearned, less any applicable disregards in accordance with Section 414.095(12)(a), F.S. The monthly amount of the TCA payment is determined by subtracting the monthly net income from the applicable payment standard.
(a) The earned monthly income of the minor child who is a full-time student in an elementary or secondary school or an equivalent level of career training does not count in the eligibility determination. All income of the minor child received under the Workforce Investment Act (WIA) of 1998 does not count in the eligibility determination. The definition of minor child is in Section 414.0252(8), F.S. The definition of full-time attendance is in paragraph 65A-4.207(1)(b), F.A.C. Student refers to the minor child whose needs are included in the benefit as a minor child not as a parent or relative. The definition of secondary school is in Section 1003.413(1), F.S.
(b) Total gross monthly income includes earned and unearned income from all sources. The countable net income of a stepparent living in the home with the TCA child, or of a parent living in the home with the minor mother payee, or of an ineligible noncitizen's parents during the five year disqualification period prescribed by the Personal Responsibility and Work Opportunity Act of 1996, and of the sponsor and the sponsor's spouse of certain noncitizens is considered in determining the gross unearned income of the assistance group.
(c) Income excluded from consideration in the TCA Program does not count in the eligibility determination. All income of an adult received under the WIA Act does not count in the eligibility determination, except for wages paid directly by an employer.
(d) Infrequent or irregular unearned income not exceeding $60 per calendar quarter such as gifts for Christmas, birthdays or graduation does not count in the eligibility determination.
(3) The Department considers only the income of the following individuals:
(a) All standard filing unit members.
(b) A stepparent living in the home. The Department considers a temporarily absent stepparent to be part of the family unit.
(c) The sponsor(s) of a noncitizen.
1. The sponsoring agency or organization must fulfill its financial responsibilities to the noncitizen unless the agency or organization is no longer in existence at the time that the applicant or recipient applies or the sponsor does not have the financial ability to meet the noncitizen's needs.
2. A noncitizen who reports support from an individual sponsor is required to have the sponsor and the sponsor's spouse provide information about their income and assets. If they do not give complete information and will not provide complete information upon request by the Department, the noncitizen and other sponsored members of the assistance group will be found ineligible for TCA because available income and assets cannot be determined. Eligibility for the noncitizen and other sponsored members of the assistance group cannot be established when required verification is not obtained. Verification is not required of a noncitizen who self-declares non-support from the sponsor.
3. This policy does not affect unsponsored members of the assistance group. If the sponsor and spouse receive TCA as a parent payee or receive Supplemental Security Income, none of the sponsor's income is considered to be available to the noncitizen.
(d) The parent(s) of a teen parent, when the teen parent is a TCA recipient minor child who lives in the same household with the parent(s) who is not included in the TCA benefit.
(e) The stepparent of a teen parent, when the teen parent is a TCA recipient minor child who lives in the same household with the stepparent who is not included in the TCA benefit.
(f) The IRCA parent (one that received legalization under the Immigration Reform and Control Act of 1986).

Notes

Fla. Admin. Code Ann. R. 65A-4.209
Rulemaking Authority 414.085(2), 414.095(18), 414.45 FS. Law Implemented 414.085, 414.095 FS.
New 1-11-98, Amended 5-17-07, 9-6-09.

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