North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-51 - Disregarded income

Current through Supplement No. 393, July, 2024
1. The department
				shall establish an employment incentive, and an employment incentive limit, to
				reasonably encourage household members to earn income.
2. If permitted under subsection 3, income
				must be disregarded, as an employment incentive, in determining the cash grant
				amount.
a. The greater of one hundred eighty
				dollars or twenty-seven percent of the household's monthly gross earned income,
				except earnings of any child who is a full-time elementary or high school
				student, is disregarded as a standard employment expense allowance. The amount
				remaining is net earned income.
b.
				Any net earned income that exceeds the income incentive limit is treated as
				countable earned income.
c. A
				portion of net earned income that is equal to or less than the income incentive
				limit may be disregarded, under this subdivision, in determining countable
				earned income.
(1) If an applicant has earned
				income in the month of application or the month after the month of application,
				at least fifty percent of the net earned income may be disregarded for six
				months beginning the month in which the earned income is first
				budgeted.
(2) If a recipient has
				earned income, at least thirty-five percent of the net earned income may be
				disregarded for months seven through nine beginning the month earned income is
				first budgeted.
(3) If a recipient
				has earned income, at least twenty-five percent of the net earned income may be
				disregarded for months ten through twelve after the month earned income is
				first budgeted.
(4) If a recipient
				has earned income, no net earned income may be disregarded under this
				subdivision after the twelfth month after the month earned income is first
				budgeted.
(5) Individuals that have
				received a full twelve months of the incentive known as the time-limited
				percentage will not be eligible for this incentive again unless the individual
				has been off assistance for twelve or more months.
d. An employed household member who receives
				an employment incentive disregard for a period of at least six consecutive
				months is provided employment incentive disregards of at least fifty percent
				for the first six months beginning the month in which the income is first
				budgeted, at least thirty-five percent for months seven through nine, at least
				twenty-five percent for months ten through twelve, and none
				thereafter.
e. An employed
				household member who receives an employment incentive disregard for a period of
				less than six consecutive months is, upon reemployment, provided the employment
				incentive disregards the member would have received if the first month of
				reemployment was the first month income is budgeted retrospectively.
f. If an employed household member, who is
				receiving the employment incentive disregard, voluntarily terminates employment
				and is unable to show good cause for failure or refusal to participate, the
				employment incentive disregard cycle continues as if the household member was
				employed.
g. If any nondisregarded
				income remains, a health insurance premium, or paid child or spousal support,
				if applicable, may be disregarded.
h. If any nondisregarded income remains,
				child and dependent care costs that are employment-related or a combination of
				employment-related and education or training-related may be
				disregarded.