5163-5 EARNED INCOME OF A DEPENDENT CHILD
The earned income of a dependent child who is a full-time or part-time student is exempt. This exemption applies only to dependent children, including eligible 18 year-old dependent children, not those who live on their own. This exclusion continues during semester breaks and summer vacation. (See section 5013 C)
The exemption is not allowed against the earned income of a caretaker relative, even if that person is under 19.
This becomes countable the month following the month of course completion, withdrawal of the child from enrollment, or the child’s 19th birthday, whichever occurs first.
Full-time student means enrolled in and regularly attending:
A vocational training
that is designed to prepare a student for gainful employment, including
participation in the Job Corps program, for at least 30 hours a week
if the program involves shop practices or at least 25 hours a week
if the program does not involve shop practices;
A college or university
for at least 12 semester or quarter credit hours a semester or quarter;
A high school for
at least 25 hours a week, or if in a high school cooperative or apprenticeship
training program, full-time as defined by that program; or
An accredited correspondence course for at least 25 hours a week.
Part-time student means enrolled in and regularly attending a school, college, university, or course of vocational training less than full-time, but at least one-half of the full-time requirements.
Accept the client’s statement regarding a dependent child’s student status, unless questionable.
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