Florida Regulations 64F-16.002: Income Eligibility Determination
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(1) Income eligibility shall be determined for all clients receiving a service for which a fee is allowed to be charged.
(2) Any client who elects to waive the eligibility determination process shall be assigned to the full fee category.
(3) If there is no fee for a service, income eligibility does not need to be determined, except for WIC.
(4) An income eligibility determination shall be valid for no more than a one year period except for WIC.
(5) Clients certified as eligible to receive Aid for Dependent Children, food stamps, the Food Distribution Program on Indian Reservations, or Medicaid are automatically income eligible for WIC.
(6) Gross family income shall be based on all income to be earned or received or anticipated to be earned or received in the current month.
(7) Gross family income shall include the following:
(a) Wages and salary.
(b) Child support.
(c) Alimony.
(d) Unemployment compensation.
(e) Worker’s compensation for lost income.
(f) Veteran’s pension.
(g) Social Security.
(h) Pensions or annuities.
(i) Dividends, interest on savings, stocks, or bonds.
(j) Income from estates or trusts.
(k) Net rental income or royalties.
(l) Net income from self-employment.
(m) Contributions.
(n) Public assistance or welfare payments.
(o) Cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources which are readily available to the family.
(p) Other cash income.
(8) In computing family income for unmarried pregnant women or pregnant minors under age 21, the income computations for the filing unit as defined in HRS Regulation No. 165-9, Presumptive Medicaid Eligibility for Pregnant Women dated January 1, 1993, which is incorporated by reference, shall be used with the exception of clients only being certified for WIC. This document may be obtained by writing to: Publications Coordinator, ASGGS, 1317 Winewood Blvd., Tallahassee, Florida 32399-0700.
(9) In determining family income, Supplemental Security Income (SSI) or any income received by the SSI individual(s) and any income received by the minor sibling(s) shall not be included, except in determining eligibility for the WIC program.
(10) In determining eligibility for the WIC program, any income or benefits received under the following federal programs shall not be included in gross income:
(a) National School Lunch Act.
(b) Home Energy Assistance Act of 1980.
(c) Domestic Volunteer Service Act of 1973 (Vista, foster grandparent, Older Americans Volunteer Program).
(d) The Child Nutrition Act of 1966.
(e) The Food Stamp Act of 1977.
(f) Job Training Partnership Act.
(g) Small Business Act.
(h) Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970.
(i) Student financial assistance funded through Title IV of the Higher Education Amendment of 1986.
(j) Military Housing Allowance.
(k) Child care benefits provided under Sections 6501, 402(g)(1)(E), and 402(i)(4)(A) of the Social Security Act as amended by the Family Support Act. These statutes address child care payments under the Child Care and Development Block Grant, Family Support Act, and the At-Risk of Welfare Dependency Act.
(11) Transfer of WIC Certification.
(a) Individuals who have been participating in a WIC program in another area in Florida or in another state, whose certification period has not yet expired and who present a valid verification of certification card or who otherwise have their certification verified by the preceding local agency, shall be eligible to transfer their certification to the local WIC agency serving the new area of residence.
(b) The transfer participant must be enrolled in the WIC program immediately unless a waiting list for participation is being kept, in which case the transferring participant shall be placed on the list ahead of all waiting applicants. Individuals who transfer from another state do not have to meet Florida’s eligibility criteria until their current period of eligibility expires. At that time they must meet all eligibility criteria of the new local WIC agency.
Rulemaking Authority Florida Statutes § 154.011(5). Law Implemented Florida Statutes § 154.011. History-New 10-14-93, Amended 4-29-96, Formerly 10D-121.003.
Terms Used In Florida Regulations 64F-16.002
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Dependent: A person dependent for support upon another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) If there is no fee for a service, income eligibility does not need to be determined, except for WIC.
(4) An income eligibility determination shall be valid for no more than a one year period except for WIC.
(5) Clients certified as eligible to receive Aid for Dependent Children, food stamps, the Food Distribution Program on Indian Reservations, or Medicaid are automatically income eligible for WIC.
(6) Gross family income shall be based on all income to be earned or received or anticipated to be earned or received in the current month.
(7) Gross family income shall include the following:
(a) Wages and salary.
(b) Child support.
(c) Alimony.
(d) Unemployment compensation.
(e) Worker’s compensation for lost income.
(f) Veteran’s pension.
(g) Social Security.
(h) Pensions or annuities.
(i) Dividends, interest on savings, stocks, or bonds.
(j) Income from estates or trusts.
(k) Net rental income or royalties.
(l) Net income from self-employment.
(m) Contributions.
(n) Public assistance or welfare payments.
(o) Cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources which are readily available to the family.
(p) Other cash income.
(8) In computing family income for unmarried pregnant women or pregnant minors under age 21, the income computations for the filing unit as defined in HRS Regulation No. 165-9, Presumptive Medicaid Eligibility for Pregnant Women dated January 1, 1993, which is incorporated by reference, shall be used with the exception of clients only being certified for WIC. This document may be obtained by writing to: Publications Coordinator, ASGGS, 1317 Winewood Blvd., Tallahassee, Florida 32399-0700.
(9) In determining family income, Supplemental Security Income (SSI) or any income received by the SSI individual(s) and any income received by the minor sibling(s) shall not be included, except in determining eligibility for the WIC program.
(10) In determining eligibility for the WIC program, any income or benefits received under the following federal programs shall not be included in gross income:
(a) National School Lunch Act.
(b) Home Energy Assistance Act of 1980.
(c) Domestic Volunteer Service Act of 1973 (Vista, foster grandparent, Older Americans Volunteer Program).
(d) The Child Nutrition Act of 1966.
(e) The Food Stamp Act of 1977.
(f) Job Training Partnership Act.
(g) Small Business Act.
(h) Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970.
(i) Student financial assistance funded through Title IV of the Higher Education Amendment of 1986.
(j) Military Housing Allowance.
(k) Child care benefits provided under Sections 6501, 402(g)(1)(E), and 402(i)(4)(A) of the Social Security Act as amended by the Family Support Act. These statutes address child care payments under the Child Care and Development Block Grant, Family Support Act, and the At-Risk of Welfare Dependency Act.
(11) Transfer of WIC Certification.
(a) Individuals who have been participating in a WIC program in another area in Florida or in another state, whose certification period has not yet expired and who present a valid verification of certification card or who otherwise have their certification verified by the preceding local agency, shall be eligible to transfer their certification to the local WIC agency serving the new area of residence.
(b) The transfer participant must be enrolled in the WIC program immediately unless a waiting list for participation is being kept, in which case the transferring participant shall be placed on the list ahead of all waiting applicants. Individuals who transfer from another state do not have to meet Florida’s eligibility criteria until their current period of eligibility expires. At that time they must meet all eligibility criteria of the new local WIC agency.
Rulemaking Authority Florida Statutes § 154.011(5). Law Implemented Florida Statutes § 154.011. History-New 10-14-93, Amended 4-29-96, Formerly 10D-121.003.