Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.120 - Methods Used to Determine the Amount of Cash Payments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates terminology and
				  statutory authority references used to determine the correct amount of cash
				  payments in the various assistance programs.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule may be found at the Family Support Division, Department of Social
				  Services, 615 Howerton Court, Jefferson City, MO 65109, and is available to any
				  interested person at a cost established by state law.
(1) The budgetary method is used in
				establishing eligibility for and the extent of need for public assistance. This
				requires the determination of the needs of the individual or groups of
				individuals who may be affected by the receipt of assistance, the determination
				of income and resources available to these persons and, if income and resources
				are not sufficient to provide a reasonable subsistence compatible with decency
				and health, the planning of assistance to meet the deficit.
(Original
				rule filed April 12, 1948, effective April 22, 1948.)
(2) Consideration of Available Income.
(A) In Aid to Dependent Children (ADC) cases,
				all income of the following persons who are in the household shall be
				considered in determining whether the children (including stepchild and adopted
				child) are in need and, if so, the amount of the need-eligible children;
				natural or adoptive parents of one (1) or more of the eligible children; any
				needy nonparent caretaker relative or related or unrelated guardian if they
				desire to be included in the assistance group and are eligible for inclusion; a
				stepparent, in accordance with Section 402(a)(31) of the Social Security Act;
				and any blood or adoptive brother or sister of an eligible child, if that
				brother or sister meets the conditions described in clauses (1) and (2) of
				Section 406(a) of the Social Security Act and is living in the home. This
				income shall be included notwithstanding Section 205(j) of the Social Security
				Act in the case of benefits provided under Title II. With respect to an
				eligible child who is living with a parent or legal guardian who is under age
				nineteen (19), the income of this minor's own parents or legal guardians who
				are living in the home shall be included to the same extent that the income of
				a stepparent is included in accordance with 402(a)(31) of the Social Security
				Act. Income of all other persons in the household will be considered in the
				amount made available to the household.
(B) In Aid to the Blind (AB) cases, all
				income of the applicant or recipient shall be considered in determining whether
				the applicant or recipient is in need, and, if so, the amount of that need. The
				income of any other person in the household will be considered only in the
				amount made available to the AB applicant or recipient.
(C) In computing the income of an applicant
				or recipient, or of the household of which s/he is a member, only that income
				which is available during the period under consideration shall be taken into
				account. To be considered as available, the income shall actually and presently
				exist (not to be a potential or remote income) and shall be sufficient to have
				some appreciable significance in meeting the immediate requirements of the
				applicant or recipient. The following will not be considered in determining
				eligibility: in Aid to Families with Dependent Children (AFDC) cases, the first
				fifty dollars ($50) of monthly child support payments; home produce raised or
				used by the applicant or recipient for consumption by the family, and loans
				made under conditions which preclude their use for meeting current living
				costs. (Original rule filed April 12, 1948, effective April 22, 1948. Amended:
				Feb. 6, 1975, effective Feb. 16, 1975.)