The ineligible child allocation is found on Appendix C-1, Schedule VIII C.
Ineligible spouse and ineligible minor child (under age 18) are defined as someone who does not receive SSI.
When an eligible individual has an ineligible spouse and ineligible minor child/children not receiving TANF, deductions are given to the ineligible spouse’s income, earned or unearned.
One allocation is subtracted for each ineligible biological, adopted or step child under age 18 who lives in the same primary residence. Exception: if the ineligible child is under age 21, single and still attending high school.
*The ineligible child allocation is NOT allowed for a child that is not theirs, for example grandparents with guardianship. It can only be given as a deduction from the ineligible spouse’s income if it is their child: step, adopted, or biological.
If the ineligible minor child has income, including child support, that gross income is subtracted from the ineligible child allocation.
The allocation is first subtracted from ineligible spouse’s unearned income then any remaining allocation is subtracted from earned income.
Then check to see if the total remaining is more than one ineligible child allocation.
- If it is this part of ineligible spouse’s income is countable continue with other remaining deductions.
- If it is less than one allocation none of the ineligible spouses income is countable.
The ineligible child allocation deductions are taken prior to the general income exclusion and work expense.
After computations are complete, the remaining amount is the ineligible spouse’s countable income considered available to the eligible spouse.
All calculations must be explained in FACS case notes.
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