Subpart 1.
Households.
A. The commissioner
must include an applicant or a recipient and all members of the applicant's or
recipient's household in the household count except in the following
situations:
(1) a dependent child is not
residing in the household on a full-time basis and the applicant or applicant's
spouse or the recipient or recipient's spouse is not financially responsible
for the child or has not been awarded visitation with the child;
(2) a dependent adult child is not residing
with the household on a full-time basis and the applicant or applicant's spouse
or the recipient or recipient's spouse is not financially responsible for the
adult child; or
(3) a dependent
parent does not need the benefit for which the applicant is applying.
B. An applicant or a recipient or
a member of an applicant's or a recipient's household who is incarcerated or
civilly committed under the conditions of part 9055.0190, item C, must not be
included in the household count if:
(1) the
applicant or recipient or household member does not have any income or assets;
or
(2) the applicant's or
recipient's or household member's income and assets are not available to the
remaining household members.
Subp. 2.
Exclusion of household members
is prohibited.
The commissioner must not exclude a household member and the
household member's income and assets from the applicant's household for the
sole purpose of establishing eligibility for the remaining household members
except as provided in subpart 1.
Subp.
3.
Applicants and spouses divorced or legally
separated.
The commissioner must include the spouse of an applicant or a
recipient and the spouse's income and assets when determining the household's
eligibility for benefits unless the applicant and applicant's spouse or the
recipient and recipient's spouse are divorced or legally separated.
Subp. 4.
Shared items and
shared expenses.
A. The benefit amount
for a shared item or shared expense must be prorated between an applicant or a
recipient and all members of the applicant's or recipient's household and those
persons age 18 and older who are liable for the shared item or shared expense
but are not eligible to receive the benefit.
B. A benefit amount provided for a shared
item or a shared expense must be prorated regardless of whether a person not
eligible for the benefit is or is not residing with the applicant or
recipient.
C. A benefit amount
provided for an item or expense directly related to owning or leasing real or
personal property must be prorated if the following conditions are met:
(1) an applicant or a recipient or an
applicant's or a recipient's spouse owns or leases real or personal property
with a person age 18 or older who is not eligible for the benefit;
and
(2) joint liability for the
property, item, or expense is shared with the person.
D. A benefit amount is not prorated if the
person not eligible for the benefit relinquishes ownership or ceases to lease
the property or is no longer liable for the property, item, or
expense.
Subp. 5.
Proration calculations.
For purposes of this part, the commissioner must calculate the
prorated benefit amount by dividing the number of members in the applicant's or
recipient's household by the total number of persons included in the proration
calculations and multiplying the result by the original benefit amount
requested.
