37.76.205 INCOME LIMITATION (1) Income limitations for participation in the food distribution program are:
(2) Net income is gross income less any mandatory payroll deductions. (3) In determining eligibility of non-assistance households for the program, deductions from monthly income may be made for the following hardships if they materially affect the household's ability to purchase food: (a) the average monthly cost of continuing unusual medical care given under the direction of a medical practitioner; (b) the monthly cost of attendant and housekeeping services when such care is deemed essential to the well-being of the household; (c) the monthly cost of child care expenditures for such care are necessary to permit gainful employment or when necessary for the well-being of the household; (d) if the non-assistance household has a verified commitment of income to meet monthly housing costs which exceeds the county maximum housing allowance of the payment over the appropriate AFDC program, the excess of the payment over the appropriate AFDC allowances may be deducted in determining monthly income for eligibility; excess housing costs will be determined at any time there is a change of address; if the housing payment includes utilities, the appropriate county AFDC housing allowance before the housing hardship is calculated; (e) if utilities are paid separate and the average monthly cost is in excess of that included in the AFDC cost schedule, the difference may be deducted in determining net income; (f) unusual transportation costs necessary to seek and hold employment are deductible when the transportation costs exceed $15.00 per month, the household is determined to have an unusual transportation expense which is considered a hardship for the purpose of the program. A deduction may be made for transportation costs which exceed $15.00 per month. Transportation will be allowed at the rate of 8 cents a mile for a car and 3 cents a mile for other modes of transportation. (i) If an employed person receives a transportation allowance to cover going to and from work, no deduction is allowed. (ii) Car payments are not considered in calculating transportation hardship deductions. (g) special temporary hardships may also be recognized such as those arising out of catastrophes, including fire, flood, and other natural disasters; (h) court ordered payments for alimony and child support; and (i) payments for health insurance made by members of the household solely for the benefit of members of such household. History: Sec. 53-2-201, MCA; IMP, Sec. 53-2-306, MCA; NEW, Eff. 11/4/74; TRANS, from SRS, 2000 MAR p. 3555. |