Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 464 - RESPITE SUBSIDY PROGRAM ACROSS THE LIFESPAN › Chapter 1 - PROGRAM REQUIREMENTS › Section 464-1-011 - FINANCIAL ELIGIBILITY

Current through June 17, 2024
To determine financial eligibility, the Program considers the
				  applicant or recipient's family size, income and resources. Applicants or
				  recipients who have access to financial or other resources sufficient to meet
				  their needs may be found ineligible for services.
011.01
FAMILY SIZE.
Family size is determined by the number of adults and children related by
				blood, marriage, or adoption who reside in the same household. An unborn child
				may be included.
011.02
INCOME AND RESOURCE ELIGIBILITY.
In order to be
				eligible, applicants and recipients must have gross income, minus Department
				allowable income exclusions that is at or below 312% of the federal poverty
				level, adjusted for family size to meet income criteria for the Program.
				Applicants or recipients with family resources exceeding $35,000 for a family
				of one or $50,000 for a family of two or more are ineligible. Applicants or
				recipients actively eligible for Social Security Supplemental Security Income,
				Medicaid, Supplemental Nutrition Assistance Program, Aid to Dependent Children
				or Assistance to the Aged, Blind and Disabled are waived from additional
				requirements for income and resource testing for this Program.
011.02(A)
TOTAL FAMILY
				INCOME.
For persons who have reached the age of 19, only the
				income of the applicant or recipient and the applicant or recipient's spouse
				will be considered. For persons under the age of 19, and not designated by a
				court as emancipated, the income and assets of the applicant or recipient and
				the taxable income of the custodial parent(s) is considered.
011.02(B)
INCOME
				VERIFICATION.
Applicants or recipients are to report and provide
				verification of all gross earned and unearned income. Verification of earned
				income consists of the following:
(i) The
				Department considers the gross amount of all earned and unearned income to the
				family in determining initial and ongoing eligibility unless it is specifically
				excluded below;
(ii) The date paid
				or received;
(iii) The period
				covered by the payment or benefit; and
(iv) The gross amount of payment or
				benefit.
011.02(C)
INCOME EXCLUSIONS.
The following income sources are
				not considered in determining gross monthly income:
(i) Amount designated, per Medicaid
				eligibility, by a spouse living at home to a spouse in an alternate living
				situation, as defined by the Medical Assistance Act, Neb. Rev. Stat.
				§§
											68-901
				to
				68-992;
(ii) Any grant or loan to any undergraduate
				student for educational purposes made or insured under any program administered
				by the Commissioner of Education under the Higher Education Opportunity Act,
				Public
				Law 110-315;
(iii) Earnings of a child age 13 or
				younger;
(iv) Loans, grants, or
				scholarships obtained and used under conditions that prohibit their use for
				current living costs;
(v) Payments
				received through the Workforce Innovation and Opportunities Act for classroom
				training, tuition and books. Payments to meet living expenses while attending
				school are considered income;
(vi)
				Payments to an individual participating in training or school attendance
				subsidized by Vocational Rehabilitation within the Nebraska Department of
				Education;
(vii) Reimbursement of
				expenses or payments for services from the Senior Companion Program,
				AmeriCorps, Senior Corps, Foster Grandparents, Service Corps of Retired
				Executives, Experience Works and any other programs under Title II and II of
				Public Law 93-113;
(viii) Value of
				United States Department of Agriculture donated foods;
(ix) Value of Supplemental Nutrition
				Assistance Program and the special food service program for children under the
				National School Lunch Program Child Nutrition Act of 1966, as
				amended;
(x) Assigned child or
				spousal support;
(xi) Subsidized
				adoption or subsidized guardianship payments from Title IV-E or child welfare
				funds; and
(xii) Work study for a
				graduate student or a student working for a second degree.
011.02(D)
RESOURCE
				EXCLUSIONS.
The following resources are not considered in
				determining program eligibility:
(i) Real
				property which the applicant or recipient owns and occupies as a
				home;
(ii) Household goods and
				personal effects of a moderate value used in the home;
(iii) Cash surrender value of life insurance
				policies with combined face values of $1,500 or less per individual;
(iv) Unspent portion of any lump sum payment
				or retroactive payment for Retirement, Survivors, and Disabled Insurance and
				Supplemental Security Income;
(v)
				United States savings bonds;
(vi)
				Value of unavailable resources;
(vii) One motor vehicle;
(viii) Essential property, land and equipment
				used for trade or business;
(ix)
				Non-business property up to Program specified maximum;
(x) Equity value of nonbusiness real or
				personal property used to produce goods or services essential to daily
				activities up to program specified maximum;
(xi) Irrevocable burial trust funds or burial
				insurance up to Program specified maximum;
(xii) Value of purchased burial space up to
				program specified maximum;
(xiii)
				Cash surrender value of life insurance policies up to Program specified
				maximum;
(xiv) Qualified Long-Term
				Care policy;
(xv) Testamentary
				trusts and guardianships depending on the availability of the funds as
				specified in the terms of the trust;
(xvi) Qualified annuities meeting Program
				requirements;
(xvii) Special Needs
				or Pooled Trusts not considered available if established for a disabled client
				age 64 or younger or eligible to receive Supplemental Security Income,
				Retirement, Survivors, and Disabled insurance, or Aid to Aged, Blind and
				Disabled;
(xviii) Victims
				compensation payments received from a state or local government to aid victims
				of crime;
(xix) Payments received
				from a state or local government to assist in relocation;
(xx) An unavailable job-related retirement
				account held by the employer not readily converted into cash without
				significant penalty;
(xxi) An
				Individual Development Account;
(xxii) A Nebraska Enable Savings Plan
				pursuant to the Achieving a Better Life Experience Act of 2014 and Section 529A
				of the United States Internal Revenue Code; and
(xxiii) Medicare Set-Aside accounts used for
				payment of medical bills of Medicare beneficiaries.