Utah Admin. Code R986-700-710 - Household Assistance Unit, Income, and Asset Limits for Employment Support Child Care
(1) For the
purposes of this section, "common facilities" means essential household
utilities including water, electricity, heating, and other utilities, or parts
of a physical structure including kitchen, restroom, and other portions of a
residential building shared by a household or group of individuals.
(2)
(a)
Except as provided in this section, Rule R986-200 is used to determine who must
be included as part of the household assistance unit to determine income that
must be counted to establish the household's eligibility.
(i) Determining household composition for an
ES CC household may be different from determining household composition for a
FEP or FEPTP household.
(ii)
Employment Support CC follows the parent and the child. If a parent in the
household is ineligible for ES CC, the entire household assistance unit is
ineligible.
(3)
Household Assistance Unit.
(a) An eligible
child and one or more of the following residing in the same structure with
common facilities is considered a household assistance unit:
(i) a parent;
(ii) specified relative;
(iii) unrelated adults with a child in
common; or
(iv) unrelated adult
with legal custody of a child.
(b) Any person living on the same property or
at the same address and sharing common facilities with other individuals is
part of a household assistance unit, even if the person lives in a separate
structure.
(c) An absent parent or
provider is part of the household assistance unit if the Department determines
that the individual does not have a separate address, or lives in a structure
without common facilities separate from the household.
(d) Notwithstanding Subsection
R986-700-710(3)(a),
a parent under the age of 18 with an eligible child is a household assistance
unit, even if the parent under the age of 18 lives with a parent or guardian
and shares common facilities.
(e) A
specified relative may not opt out of the household assistance unit when
determining eligibility for CC.
(f)
Recipients of SSI benefits are included in the household assistance
unit.
(g) Foster care parents,
their children and foster care children may not opt out of the household
assistance unit when determining eligibility for CC.
(4) Countable Income.
(a)
(i) If
both parents are living in the household, the income of both parents is
counted.
(ii) If only one parent
lives in the household, only the income of that parent is counted as
income.
(b) The income of
each specified relative in the household must be counted.
(c) The income of each foster parent in the
household must be counted.
(d)
(i) Child support is counted as unearned
income of the child, even if it exceeds the amount ordered by a court or ORS,
if the payment is made directly to a parent or member of the
household.
(ii) If a child support
payment is paid to a third party, only the amount up to the court or ORS
ordered child support amount is counted.
(e)
(i) If a
non-applicant parent pays a portion of the child care costs directly to the
applicant parent, that amount is counted as income.
(ii) If the non-applicant parent pays the
child care provider directly, that amount will be deducted from the amount the
provider reports to the Department as the charge for the child.
(e) SSI benefits paid to an SSI
recipient are not countable income.
(f) The earned income of a child who is not a
parent is not counted.
(g) An
independent living grant paid by DHHS to a minor parent is not counted as
income.
(5) Income
deductions allowed on a monthly basis.
(a)
The first $50 of child support received by the family.
(b) Court ordered and verified child support
and alimony paid out by the household.
(c) $100 for each person with countable
earned income.
(d)
(i) $100 automatic medical
deduction.
(ii) The medical
deduction does not require proof of expenditure.
(6)
(a) The
household assistance unit must meet the CCDF asset limit.
(b) The household's countable income, less
applicable deductions in this section, must be at, or below, a percentage of
the state median income as determined by the Department.
(c) The Department will adjust the percentage
of the state median income as funding permits.
(d) The state median income used to determine
eligibility and copayment amounts are available on the Department's
website.
Notes
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