016.14.3-4210. Definitions Regarding Eligibility
AR ADC 016.14.3-4210Arkansas Administrative CodeEffective: [See Text Amendments] to February 29, 2024
Effective: [See Text Amendments] to February 29, 2024
Ark. Admin. Code 016.14.3-4210
016.14.3-4210. Definitions Regarding Eligibility
• By Arkansas law, only a natural, adoptive, or court determined (such as an illegitimacy case) parent is legally responsible for his/her children.
• Spouses are legally responsible for each other and shall be considered as a part of the same eligibility unit unless they reside in separate households (e.g., one spouse resides in a supervised living facility).
• In a stepparent situation (husband, wife, children of one parent but not the other, and possibly children of the current marriage), the entire group is considered one eligibility/fee assessment unit since each child is living with an adult legally responsible for his/her care.
• If a child is placed in day care to enable the employment, training or education of a relative who has physical custody, the child will be considered a part of the relative's eligibility unit even though the relative may not be legally responsible for the child's care.
C. Single Adult - Where adults other than spouses reside together, each shall be considered a separate eligibility/fee assessment unit. An adult is an individual 18 years of age or older. Individuals 18-21 years of age may be considered a family member, as approved on a case by case basis by the DHS CFO or designee, for the purpose of determining income eligibility on behalf of the family. This applies only to individuals if they continue to receive the majority of their support from the family due to training, education (completion of high school activities) or unemployment.
D. Emancipated Minor - An emancipated minor is an individual who has been given the right by a court to manage his own affairs or one who has acquired emancipation by common law. A common law emancipated minor is one upon whom has been conferred the right to his own earnings and whose parents' legal duty to support him has been terminated. This emancipation may be expressed by a voluntary agreement of parent and child (unless the child is mentally incompetent) or by the marriage of the minor. An emancipated minor or a child living in a residential facility or foster home or with an individual not legally responsible for his support is considered a one-person eligibility unit. A child living in a residential facility may make regular weekend visits home when authorized by the facility as a part of the treatment plan and still be considered a resident of the facility and therefore a one-person eligibility and fee assessment unit.
E. Income - Income is any monetary remuneration received on a regular basis, including a Transitional Employment Assistance (TEA)/WORK PAYS payment. Only income currently available on a regular basis shall be considered. Lump sum and other onetime payments shall be annualized, except for stock dividends. Unpredictable income of indeterminate amounts shall not be considered, e.g., an insurance settlement.
2. Net Income from Non-farm Self-employment - i.e., gross receipts minus expenses from one's own business, professional enterprise, or partnership. Gross receipts include the value of all goods sold and services rendered. Expenses include cost of goods purchased, rent, heat, light, power, depreciation charges, wages and salaries paid, business taxes (not personal income taxes), and similar costs. The value of salable merchandise consumed by the proprietors of retail stores is not included as part of net income. Deficit income (i.e., when total operating expenses are greater than gross receipts) shall be treated the same as income. The amount of the deficit shall be subtracted from the gross income from other sources to obtain the total gross income.
3. Net Income from Farm Self-employment - i.e., gross receipts minus operating expenses from the operation of a farm by a person on his/her account, as an owner or renter. Gross receipts include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include cost of feed, fertilizer, seed, other farming supplies, cash wages paid to farmhands, depreciation charges, cash rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes), and similar expenses. The value of fuel, food, or other farm products used for family living is not included as part of net income. Deficit income (i.e., when total operating expenses are greater than gross receipts) shall be treated the same as income. The amount of the deficit shall be subtracted from the gross income from other sources to obtain the total gross income.
5. Dividends, Interest (on savings or bonds), Income from Estates or Trusts, Net Rental Income or Royalties - i.e., dividends from stockholdings or membership in associations, interest on savings or bonds, periodic receipts from estates or trust funds, net income from rental of a house, store, or other property to others, receipts from boarders or lodgers, and net royalties.
6. Public Assistance Payments - i.e., public assistance payments such as TEA/WORK PAYS, Supplemental Security Income (SSI), State Supplemental Payments, and general assistance. Even though the primary client may not be a recipient of this type assistance, if any member of the unit receives public assistance then the payment must be considered as income to the entire eligibility unit for the purpose of determining eligibility.
12. Veterans' Pensions - i.e., money paid periodically by the Veterans Administration to disabled members of the Armed Forces or to survivors of deceased veterans, subsistence allowance paid to veterans for on the job training, as well as so-called “refunds” paid to ex-servicemen as GI insurance premiums.
18. Allowances, earnings and payments made to individuals participating in any Job Training Partnership Act programs; and allowances, earnings and payments made to individuals participating in other employment and training programs except for wages paid for on-the-job training and upgrading and retraining in these other programs; and
Credits
Eff. Feb. 1, 2006. Amended Dec. 4, 2009.
Ark. Admin. Code 016.14.3-4210, AR ADC 016.14.3-4210
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