760-2 WORK INCENTIVE DEDUCTIONS
Individuals who are working may be eligible to receive work incentive deductions. There are two types of work incentive deductions that may be subtracted from an individual’s earnings:
Earned income deductions; and
Child or dependent care deductions.
The earned income deductions disregard a portion of gross earnings. Child or dependent care expenses may then be deducted from the remaining earned income, within certain limits.
760-2 A. WHO IS ENTITLED TO WORK INCENTIVE DEDUCTIONS
To receive work incentive deductions an individual must be working and receiving earnings, including in-kind earned income, from a job or self-employment and fit one of the categories listed below:
Included in the TA unit
Required to be included in the filing unit, but are not because they failed an eligibility requirement (such as enumeration or qualified alien status); or
Required to be included in the filing unit, but refuse the ATAP grant.
The work incentive deductions are not allowed when an individual, without good cause:
Voluntarily terminates or quits a job;
Refuses to accept additional hours of work, not to exceed 40 hours per week;
Voluntarily reduces gross monthly earnings or hours of employment; or
760-2 B. AMOUNTS AND LIMITS OF WORK INCENTIVE DEDUCTIONS
The $90 work expense deduction is allowed when:
Deeming the income of a stepparent, ineligible alien parent, or parent of minor parent, and
Determining the net income eligibility of applicants and new assistance unit members who have not received ATAP benefits in one of the previous four months.
The following deductions are allowed when determining:
Net income eligibility for individuals who have received assistance in at least one of the previous four months, and
payment amounts
MONTH OF EARNINGS |
AMOUNT OF DEDUCTIONS |
months 1 through 12 of earned income receipt: |
$150 and 33% of the remaining earned income |
months 13 through 24 of earnings |
$150 and 25% of the remaining earned income |
months 25 through 36 of earnings |
$150 and 20% of the remaining earned income |
months 37 through 48 of earnings |
$150 and 15% of the remaining earned income |
months 49 through 60 of earnings |
$150 and 10% of the remaining earned income |
after 60 months of earnings |
$150 |
3. Child and Incapacitated Parent Care Deductions
Child or incapacitated parent care costs are allowed as a deduction within certain limits. An ”incapacitated” parent is one who has been determined to be physically or mentally unable to perform gainful activity.
Monthly Maximums
$200 per month for each child under age 2;
$175 per month for each child age 2 or older, or incapacitated parent.
The lower standard ($175) is applied beginning with the benefit month following a child’s second birthday
760-2 C. HOW WORK INCENTIVE DEDUCTIONS ARE APPLIED TO INCOME
The earned income deduction is not applied:
When the household has no earnings;
In determining whether a family meets the 185% gross income test:
During the income eligibility test if an applicant or new assistance unit member has not received ATAP benefits in any one of the preceding four months; or
When deeming the income of a stepparent, sponsor of an alien, or parent of a minor parent.
Note:
Stepparents, sponsors of alien, and parents of minor parents whose income
is deemed available to the assistance unit receive certain other work
expense deductions (see ATAP
MS 756-5).
Each month the earned income deduction is applied to an individual's earnings, it counts as a month of use. These months are tracked to ensure that the correct percentage of remaining earned income is deducted (see chart in ATAP MS 760-2 B).
A month of earnings is counted when:
The assistance unit is eligible, but refuses to accept the TA payment;
The family does not receive a payment because of the $10 payment limitation;
A penalty or disqualification is imposed against the individual who receives earned income.
A month of use is not counted during:
A month is which no earnings are received;
A month of suspension; or
A month in which the family is not eligible for assistance.
2. Child or Incapacitated Parent Care Deductions
The client reports and verifies the expense;
The charges are for child or adult care during hours of work or assigned work activities, plus reasonable direct commuting time between the care provider and the place of employment or work activity;
The persons being cared for are members of the assistance unit; and
The care provider is not a member of the TA or economic unit.
If a provider charges a flat rate for the care of more than one person, divide the total amount paid by the number of persons receiving the care. The result is the amount to be allocated to each dependent for whom the cost is allowed.
760-2 D. DENIAL OF WORK INCENTIVE DEDUCTIONS
If an individual is exempt from work activities, do not apply the denial of work incentive deductions for a job quit, job refusal, or voluntary reduction of income. However, individuals who do not timely report starting or stopping a job, a change in rate of pay, or a change in employment status from part-time to full-time or full-time to part-time are subject to this denial whether they are exempt from work activities or not.
Earned income and dependent care deductions are denied when an individual, without good cause:
Voluntarily terminates or quits a job;
Refuses to accept a bona-fide offer of employment;
Voluntarily accepts a substantially reduced amount of gross monthly earnings; or
2. Application of Work Incentive Deduction Denials
A job quit, voluntary reduction in hours, or refusal of employment must be verified before the denial may be applied.
Work incentive deductions are denied in both the income eligibility determination test and the payment calculations.
Apply denials for voluntary terminations, reductions, and job refusals to the benefit month following the month of termination, reduction, or refusal.
Apply denials due to untimely reporting of changes in employment status to the payment month affected by the unreported change.
In practice, most denials of work incentive deductions will be computed "after the fact" and a claim determination completed if an overpayment has occurred.
When an individual terminates or quits employment, refuses to accept employment, voluntarily reduces hours of employment or gross monthly earnings, or does not timely report changes in employment status, the caseworker must determine whether the individual has good cause before denying the deductions. If good cause exists, the work incentive deductions are allowed.
a. Good Cause Reasons For Termination, Refusal, Reduction:
Allowable good cause reasons for job termination, job refusal, or voluntary reduction are the same as the good cause reasons listed in the ATAP MS 722-4 and 723-1 C.
b. Good Cause Reasons for Untimely Reporting of Changes in Employment Status
Good cause for failure to report exists only when an individual cannot fulfill the reporting requirements due to circumstances beyond his or her control. Examples of good cause include:
Physical or psychological illness or incapacity severe enough and long enough to prevent reporting:
Illiteracy;
Mail delivery was untimely and this fact was documented; and
Other extenuating circumstances that prevented the client, through no fault of their own, from meeting the reporting requirement.
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