Idaho Admin. Code r. 16.03.04.512 - SPECIAL CASES FOR COUNTING INCOME

Special cases for counting income are listed below: (3-17-22)

01. Wages Held at the Request of Employee. Wages held at the request of the employee are income in the month the wages would have been paid by the employer. (3-17-22)

02. Garnishments Held by Employer. Garnishments withheld by an employer are income in the month the wages would have been paid. (3-17-22)

03. Wages Held by Employer, Other Than Garnishment and Employee Request. Wages held by the employer, even if in violation of law, are not counted as income. (3-17-22)

04. Advances on Wages. Advances on wages will count as income if the household reasonably expects the advance to be paid. (3-17-22)

05. Varying Payment Cycles. Households getting unearned or earned income on a recurring monthly or semi-monthly basis do not have varying income merely because mailing or payment cycles cause additional payments to be received in a month. The income is counted for the month it is intended. (3-17-22)

06. Nonrecurring Lump Sum Payments and Capital Gains. Nonrecurring lump sum payments must not be counted as income. Nonrecurring lump sum payments are counted as a resource starting in the month received. Nonrecurring lump sum payments include capital gains from the sale or transfer of securities, real estate, or other real property held as an investment for a set period of time. The capital gains are income only if the assets were used in self-employment. (3-17-22)

07. PA Entitlement. If a household intentionally fails to comply with a means-tested program, a penalty may be imposed and benefits reduced to collect the means-tested program overpayment. Means-tested programs include PA. Count the full amount of means-tested benefits the household is entitled to, not the reduced amount caused by the failure to comply. (3-17-22)

Notes

Idaho Admin. Code r. 16.03.04.512