New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.16 - Special provisions for household circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Self-employment income. Income received
			 from boarders by a household that does not own or operate a commercial boarding
			 house shall be budgeted in accordance with subdivision (b) of this section. All
			 other households receiving self-employment income, including those households
			 that own and operate a commercial boarding house, shall have employment income
			 calculated as follows:
(1) Annualizing
			 self-employment income.
(i) Self-employment
			 income which represents a household's annual income shall be annualized over a
			 12-month period even if the income is received within only a short period of
			 time during that 12 months.
(ii)
			 Self-employment income which is received on a monthly basis but which
			 represents a household's annual support will normally be averaged over a 12-
			 month period. If, however, the averaged amount does not accurately reflect the
			 household's actual monthly circumstances because the household has experienced
			 a substantial increase or decrease in business, self-employment income will be
			 calculated based on anticipated earnings. Self- employment income must not be
			 calculated on the basis of prior income (e.g., income tax returns) when the
			 household has experienced an increase or decrease in business as determined by
			 the local department.
(iii)
			 Self-employment income which is intended to meet the household's needs for only
			 part of the year shall be averaged over the period of time the income is
			 intended to cover.
(iv) When a
			 household's self-employment enterprise has been in existence for less than a
			 year, the income from that self-employment enterprise shall be averaged over
			 the period of time the business has been in operation. The monthly amount shall
			 then be projected for the coming year. However, if the business has been in
			 operation for such a short time that there is insufficient information to make
			 a reasonable projection, the household shall be certified for less than a year.
			 Such certification process shall continue until the business has been in
			 operation long enough to permit a longer projection.
(v) Notwithstanding the provisions of
			 subparagraphs (i) through (iv) of this paragraph, households subject to monthly
			 reporting/retrospective budgeting which derive self-employment income from a
			 farming operation and which incur irregular expenses to produce such income
			 must have the option to annualize the allowable costs of producing
			 self-employment income from farming when the self-employment farm income is
			 annualized.
(vi) When the cost of
			 producing self-employment income exceeds the income derived from
			 self-employment as a farmer, such losses must be offset against any other
			 countable income in the household. To be considered a self-employed farmer, the
			 farmer must receive or anticipate receiving annual gross proceeds of $1,000 or
			 more from the farming enterprise.