Minnesota Statutes 256J.33 – Prospective and Retrospective Mfip Eligibility
Subdivision 1.Determination of eligibility.
(a) A county agency must determine MFIP eligibility prospectively based on assessing income and the county agency‘s best estimate of the circumstances that will exist in the payment month.
Terms Used In Minnesota Statutes 256J.33
- Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Budget month: means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month. See Minnesota Statutes 256J.08
- Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
- Countable income: means earned and unearned income that is described in section 256P. See Minnesota Statutes 256J.08
- County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
- Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Family: includes :
(1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and
(2) a pregnant woman with no other children. See Minnesota Statutes 256J.08
- Family wage level: means 110 percent of the transitional standard as specified in section 256J. See Minnesota Statutes 256J.08
- FICA: means the federal law under United States Code, title 26, subtitle C, chapter 21, subchapter A, sections 3101 to 3126, that requires withholding or direct payment from earned income. See Minnesota Statutes 256J.08
- Gross earned income: means earned income from employment before mandatory and voluntary payroll deductions. See Minnesota Statutes 256J.08
- Half-time student: means a person who is enrolled in a graded or ungraded primary, intermediate, secondary, commissioner of education-selected high school equivalency preparatory, trade, technical, vocational, or postsecondary school, and who meets the school's standard of half-time attendance. See Minnesota Statutes 256J.08
- Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
- MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
- Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
- Monthly income test: means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J. See Minnesota Statutes 256J.08
- Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
- Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 256J.08
- Prospective budgeting: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
(b) A county agency must calculate the amount of the assistance payment using prospective budgeting. To determine MFIP eligibility and the assistance payment amount, a county agency must apply countable income, described in sections 256J.37, subdivisions 3 to 9, and 256P.06, received by members of an assistance unit or by other persons whose income is counted for the assistance unit, described under sections 256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1.
(c) This income must be applied to the MFIP standard of need or family wage level subject to this section and sections 256J.34 to 256J.36. Countable income as described in section 256P.06, subdivision 3, received must be applied to the needs of an assistance unit.
(d) An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit.
[See Note.]
Subd. 2.Prospective eligibility.
An agency must determine whether the eligibility requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15 and 256P.02, will be met prospectively for the payment period. The income test will be applied prospectively.
[See Note.]
Subd. 3.Retrospective eligibility.
After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month.
Subd. 4.Monthly income test.
A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36;
(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student;
(5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi);
(6) spousal support received by an assistance unit;
(7) the income of a parent when that parent is not included in the assistance unit;
(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and
(9) the unearned income of a minor child included in the assistance unit.
Subd. 5.When to terminate assistance.
When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance.