MN Stat § 256J.33 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 256J — Minnesota Family Investment Program|Section 256J.33 — Prospective And Retrospective Mfip Eligibility.

256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY. Subdivision 1. Determination of eligibility. (a) A county agency must determine MFIP eligibility prospectively for a payment month based on retrospectively assessing income and the county agency's best estimate of the circumstances that will exist in the payment month. (b) Except as described in section 256J.34, subdivision 1, when prospective eligibility exists, A county agency must calculate the amount of the assistance payment using retrospective budgeting. To determine MFIP eligibility and the assistance payment amount, a county agency must apply countable income, described in sections 256P.06 and 256J.37, subdivisions 3 to 10, received by members of an assistance unit or by other persons whose income is counted for the assistance unit, described under sections 256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1. (c) This income must be applied to the MFIP standard of need or family wage level subject to this section and sections 256J.34 to 256J.36. Countable income as described in section 256P.06, subdivision 3, received in a calendar month must be applied to the needs of an assistance unit. Subd. 2. Prospective eligibility. An agency must determine whether the eligibility requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15 and 256P.02, will be met prospectively for the payment month. Except for the provisions in section 256J.34, subdivision 1, the income test will be applied retrospectively. Subd. 3. Retrospective eligibility. After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month. Subd. 4. Monthly income test. A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include: (1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36; (2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36; (3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36; (4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student; (5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi); (6) spousal support received by an assistance unit; (7) the income of a parent when that parent is not included in the assistance unit; (8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and (9) the unearned income of a minor child included in the assistance unit. Subd. 5. When to terminate assistance. When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance. History:  1997 c 85 art 1 s 22; 1998 c 407 art 6 s 67,68; 1999 c 245 art 6 s 38; 2000 c 488 art 10 s 10; 2014 c 312 art 28 s 24; 2015 c 71 art 1 s 43; 1Sp2015 c 6 s 5; 1Sp2021 c 7 art 7 s 14,15