Disregarded Income 510-05-85-30

(Revised 4/1/07 ML #3071)

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(N.D.A.C. Section 75-02-02.1-38.2)

This section applies to an individual residing in his or her own home or in a specialized facility, to the Medicare Savings Programs, and to the Workers with Disabilities coverage. It does not apply to Transitional Medicaid Benefits (refer to 05-50-05), or to an individual receiving psychiatric or nursing care services in a nursing facility, the state hospital, the Anne Carlsen facility, the Prairie at St. John's center, the Stadter Psychiatric Center, a Psychiatric Residential Treatment Facility (PRTF), an intermediate care facility for the mentally retarded (ICF-MR), or receiving swing-bed care in a hospital (refer to the Post Eligibility Treatment of income, Section 05-85-25).

The following types of income must be disregarded in determining Medicaid eligibility:

Money payments made by the Department, another state, or tribal entities in connection with foster care, subsidized guardianship, or the subsidized adoption program (This does not include Casey Family, or other private foster care payments);
Temporary Assistance for Needy Families (TANF) benefit and support services payments made by the Department or another state;
Benefits received through the Low Income Home Energy Assistance Program;
Refugee cash assistance or grant payments;
County general assistance that may be issued on an intermittent basis to cover emergency type situations;
Payments from the Child and Adult Food Program for meals and snacks to licensed families who provide day care in their home;
Payments from the family subsidy program;
Income received as a housing allowance by programs sponsored by the United States Department of Housing and Urban Development and rent supplements or utility payments provided through the Housing Assistance Program;
Per capita judgment funds paid to members of any Indian tribe under Pub. L. 92-254, Pub. L. 93-134, or Pub. L. 97-403;
Income derived from submarginal lands, conveyed to Indian tribes and held in trust by the United States, as required by Pub. L. 94-114;
Income of an individual living in the parental home if the individual is not included in the Medicaid unit;
Extra checks received by individuals who are paid weekly or bi-weekly. The check may be from earned or unearned income. The last check received in the month is always considered the extra check. For individuals paid weekly, it is the fifth check and for individuals paid bi-weekly, it is the third check. Bonus checks, or checks for any other reason, are not considered extra checks;
Income earned by a child (not a caretaker, spouse, or pregnant woman) who is a full-time student, or a part-time student who is not employed one hundred hours or more per month. The earnings of an eligible child are counted if the child is a part time student who is employed full time. A student is an individual who regularly attends and makes satisfactory progress in elementary or secondary school, General Equivalency Diploma (GED) classes, a home-school program recognized or supervised by the student’s state or local school district, college, university, or vocational training, including summer vacation periods if the individual intends to return to school in the fall. A full-time student is a person who attends school on a schedule equal to a full curriculum;
Fifty dollars per month of current child support, received on behalf of children in the Medicaid unit, from each budget unit that is budgeted with a separate income level;
Lump sum SSI benefits in the month in which the benefit is received (subject to the asset limits in the months thereafter);
Compensation received by volunteers participating in the ACTION program as stipulated in the Domestic Volunteer Service Act of 1973, including the National Senior Volunteer Corps, including Retired Senior Volunteer Program (RSVP), Foster Grandparents, and Senior Companion Program; National Volunteer Programs to Assist Small Businesses and Promote Volunteer Services by Persons with Business Experience; Volunteers in Service to America (VISTA) (now AmeriCorps*VISTA, not to be confused with AmeriCorps, a separate program), VISTA Literary Corps and University Year for VISTA;
Payments made to recipients under title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
All income, allowances, and bonuses received as a result of participation in the Job Corps Program;
Payments received for the repair or replacement of lost, damaged or stolen assets;
Occasional small gifts;
In-kind income except in-kind income received in lieu of wages;
A loan from any source that is subject to a written agreement requiring repayment by the recipient;
The Medicare part B premium refunded by the Social Security Administration;
Income tax refunds and earned income credits;
Homestead tax credits;
Educational loans, scholarships, grants, awards, Workforce Safety & Insurance vocational rehabilitation payments, and work study received by a student;
Any fellowship or gift (or portion of a gift) used to pay the cost of tuition and fees at any educational institution;
Training funds received from Vocational Rehabilitation;
Training allowances of up to thirty dollars per week provided through a tribal native employment works program, or the Job Opportunities and Basic Skills Training program;
Needs-based payments, support services, and relocation expenses provided through programs established under the Workforce Investment Act (WIA), and through the Job Opportunities and Basic Skills program;
Training stipends provided to victims of domestic violence by private, charitable organizations, such as the Seeds of Hope Gift Shop, or the Abused Adult Resource Center, for attending their educational programs;
Tax-exempt portions of payments made as a result of the Alaska Native Claims Settlement Act;
Payments to certain United States citizens of Japanese ancestry, resident Japanese aliens, and eligible Aleuts made under the Wartime Relocation of Civilians Reparations Act;
Agent Orange payments;
Crime Victims Reparation payments;
German reparation payments made to survivors of the holocaust, and reparation payments made under sections 500 through 506 of the Austrian General Social Insurance Act;
Assistance received under the Disaster Relief and Emergency Assistance Act of 1974 or some other federal statute, because of a presidentially declared major disaster (but not disaster assistance unemployment compensation), and interest earned on that assistance;
Allowances paid to children of Vietnam veterans who are born with spina bifida, or to children of women Vietnam veterans who are born with certain covered birth defects;
Netherlands Reparation payments based on Nazi, but not Japanese, persecution during World War II, Public Law 103-286;
Radiation Exposure Compensation, Public Law 101-426;
The first $2,000 per year of lease payments deposited in IIM accounts;
Interest or dividend income from liquid assets;
Additional pay received by military personnel as a result of deployment to a combat zone; and
Medicare Part D premiums, copayments, and deductibles refunded by prescription drug plans.