Except as prohibited in paragraphs (a) and (b), an allocation of income is allowed from the caregiver‘s income to meet the unmet need of an ineligible spouse or an ineligible child under the age of 21 for whom the caregiver is financially responsible who also lives with the caregiver. That allocation is allowed in an amount up to the difference between the MFIP standard of need for the assistance unit when that ineligible person is included in the assistance unit and the MFIP standard of need for the assistance unit when the ineligible person is not included in the assistance unit. These allocations must be deducted from the caregiver’s counted earnings and from unearned income subject to paragraphs (a) and (b).

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Terms Used In Minnesota Statutes 256J.36

  • 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
  • Counted earnings: means the earned income that remains after applicable disregards under section 256J. See Minnesota Statutes 256J.08
  • Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. 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 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
  • Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
  • Payee: means a person to whom an assistance payment is made payable. See Minnesota Statutes 256J.08
  • Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08

(a) Income of a minor child in the assistance unit must not be allocated to meet the need of an ineligible person, including the child’s parent, even when that parent is the payee of the child’s income.

(b) Income of a caregiver must not be allocated to meet the needs of a disqualified person.