Income 400-19-55-10

 

Definition of Income 400-19-55-10-05

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-44)

 

Income is the gain or benefit, earned or unearned, derived from labor, business, capital, or property which is received or is available to the TANF household for current maintenance. It is considered when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support or maintenance.

 

Occasionally an employee normally paid on a given day of a month is paid earlier or later than normal. In such instances, income shall be considered as being received on the date the income is normally received.

Example #1: A pay check normally received on the first day of January is paid prior to January 1, due to the holiday. This income should be budgeted as received in January, because January 1 is the normally occurring schedule.

 

Example #2: An individual usually paid on December 31 is paid after January 1. This income should be considered as received in December because the normally occurring pay schedule is a December date.

 

Yearly self-employment income must be averaged over the number of months the business was in operation, even if the income is received in fewer months. The income that results from this prorate applies to applicants and recipients, and is used to determine eligibility and the benefit amount.

 

Income received on a contractual basis must be averaged over the number of months covered by the contract even if the income is paid in fewer months at the convenience or option of either party. The income that results from this prorate applies to applicants and recipients, and is used to determine eligibility and the benefit amount.