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Eligibility Policy Manual
610.00 Income Deductions
A. General
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Use the income deductions listed in this subsection for
Calculating
the income of the customer or the customer's spouse for the net test; or
Calculating
the amount of income deemed to a customer child from an ineligible parent for
the net test.
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B. Applying Income Deductions
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The table below shows which income tests the income
deductions listed in this section apply to.
If countable income is reduced to zero after applying a
deduction, do not evaluate any additional deductions.
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Note: For
the AHCCCS Freedom to Work Program, only the customer's income from working
is counted for income eligibility. All unearned income of the customer and all income (earned and
unearned) of the customer's spouse and family are disregarded for income
eligibility. Therefore, a child
support payment (unearned income) received by the customer is disregarded for
income eligibility for the AHCCCS Freedom to Work Program. In addition, the child allocation is not
allowed in the budgeting process for the AHCCCS Freedom to Work Program.
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610.01 Child Support Deductions
A. Policy
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There are two
different child support deductions.
1. A deduction from child
support income received by the customer.
ALTCS Acute (Net)
SSI-MAO
MCS
2.
A deduction for
the amount of child support paid by an ineligible parent to a child who is
not the customer (parent to child deeming).
ALTCS Acute (Net)
SSI-MAO
MCS
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B. Applying Deduction
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Apply the child support deduction as follows:
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THEN. . .
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Deduct
one-third of the amount of a child support payment for a customer child; and
Count the
remainder as unearned income to the customer child.
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Parent to Child Deeming:
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Deduct the amount of child support paid by an ineligible
parent, which complies with the terms of court ordered support or is enforced
under Title IV-D of the Act from the parent's income that is deemed to a
child.
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Note: If
child support payments are ordered by the court for the customer or the
spouse of the customer to pay, do not deduct the amount paid by the customer
of spouse for the:
Net Test
Gross
Test
ALTCS
Share of Cost
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C. Proof of Child Support Payments
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See
MS
607.18.E for proof of child support payments.
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610.02 Student Earned Income Exclusion
A. Policy
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To qualify for the student earned income
exclusion, both of the following conditions must be met:
The
individual must be under age 22; and
The individual must be a part-time or full-time
student regularly attending a school (grades 7 - 12), college,
university or a course of vocational or technical training designed to
prepare for gainful employment.
ALTCS Acute (Net)
SSI-MAO
AHCCCS FTW
MCS
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B. Applying Deduction
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Deduct the student earned income exclusion from the
earned income of an individual who is under age 22 and who is considered to be
a student.
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C. Proof of Student Child Status
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When an application
indicates that an individual may be attending school and eligible for this
deduction follow the procedures to verify student status.
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1
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Complete the Request
for Verification of School Attendance (DE-208)
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2
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Document the following
in the case comments:
Regular attendance;
Intent to return to school if school is not in
session;
The amount of the student's counted earned income
(including payments from Youth Corps, work study or similar programs).
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D. Definition of Regular Attendance
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Regular attendance means that
the individual takes one or more courses of study and attends classes:
In a college or university for at least 8 hours a
week under a semester or quarter system;
In
grades 7-12 for at least 12 hours a week and taking standard academic or
vocational courses;
Exception:
An individual taking a
special course of study which is not equivalent to standard high school
courses is not considered to be a student unless the special course is
designed to prepare the child for gainful employment. An individual taking a special course for the
mentally retarded which provides training to meet needs such as dressing and
eating is not considered to be a student.
In a
course of study to prepare him for gainful employment for at least 15 hours a
week if the course involves shop practice, or 12 hours a week if it does not
involve shop practice.
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Note: The individual remains a student if he or she
regularly attended classes prior to a school vacation and intends to return
when classes resume.
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E. Calculation
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Follow the process below to calculate the earned income
of a student who is under age 22.
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1
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Deduct the following
amounts from the earned income of the student:
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For calendar year:
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A monthly amount of no more than:
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With a total
limit per calendar year of:
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2008
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$1,550
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$6,240
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2007 |
$1,510 |
$6,100 |
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2006 |
$1,460 |
$5,910 |
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Note: Monthly
and yearly maximum amounts may be increased annually in January based on the
cost-of-living adjustment.
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2
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Apply the deduction
every month, beginning with the first eligible month. Earnings the student receives prior to the
first month of AHCCCS eligibility do not count toward the annual limit. Continue to allow the deduction until:
The
deduction is exhausted,
The
individual no longer meets the criteria of a student,
The
individual is no longer under age 22, or
The
individual no longer has earned income.
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3
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Use the Student Earned
Income Deduction Worksheet (DE-417) to calculate the monthly amounts and to
anticipate when the student will reach the annual limit. Check ACE worksheets to determine if the
correct monthly is being applied. Contact the Technical Service Center if the correct amount is not
deducted.
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Note: The Student
Earned Income Exclusion is subtracted from earned income prior to other
earned income deductions in the net test.
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610.03 General Income Deduction
A. Policy
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$20 can be deducted
from any type of earned or unearned income that is not based on need.
ALTCS Acute (Net)
SSI-MAO
AHCCCS FTW (deduction applies to earned income only)
MCS
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B. Applying Deduction
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Apply this deduction to the
income of the customer, the customer's spouse, the ineligible parent of a
customer child in the parental deeming process, or the sponsor of a
non-citizen:
Follow the general guidelines below for applying the
deduction.
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Both earned and
unearned income
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The
deduction first towards the unearned income; and
Then
apply any unused amounts of the deduction to the earned income.
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Only unearned income
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The entire amount to the unearned income.
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Only earned income
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The entire amount to
the earned income.
Note: Applying the $20.00 general income deduction to only earned income
will always be applicable for the AHCCCS Freedom to Work Program because all
unearned income of the customer, the customer's spouse and customer's family
is disregarded for income eligibility.
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Note: When a
spouse's income is counted for income eligibility, apply the deduction only once, even when both spouses have
income.
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C. Needs
Based Payments
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Do not deduct the
general deduction from
the following types of counted income because the payments are based on need:
Needs based payments involving Federal funds:
¡
TANF (AF)
(MS
607.79);
¡
VA Benefits (compensation or pension or) based on
need (MS 607.94 and
607.98);
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BIA-GA
(MS
607.14);
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Refugee Assistance
(MS
607.65)
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Title IV-E foster care payments
(MS
607.31)
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Title IV-E adoption assistance
(MS
607.01);
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SSI (MS
607.78)
Needs based funds from private charitable
organizations, such as Catholic Charities and the Salvation Army
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610.04 Standard Work Expense
Deduction
A. Policy
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The standard work expense deduction is $65.00.
ALTCS Acute (Net)
SSI-MAO
AHCCCS FTW
MCS
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B. Applying Deduction
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Apply the work expense deduction to the counted earned
income of:
An
individual customer;
A couple,
when one or both spouses are the customer even when both spouse's have earned
income;
An
ineligible parent of a customer child when deeming the parent's income.
Deduct $65.00 from earned income remaining after the
previous deductions.
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610.05 Impairment Related Work
Expenses (IRWE)
A. Policy
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The reasonable cost
of certain impairment-related services and items that a disabled person
needs in order to work and which are necessarily incurred by that individual
because of a physical or mental impairment can be deducted from earned income
in determining eligibility, even if these items and services are also needed
for normal daily activities. These
expenses are referred to as impairment related work expenses ((IRWE).
This deduction may
be applied to the income of the customer, the customer's spouse, or the
ineligible parent of a customer child in the parental deeming process. This deduction does not apply to the SOC
calculation.
ALTCS Acute (Net)
SSI-MAO
AHCCCS FTW
MCS
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Note: This
deduction does not apply to the share of cost calculation
(MS
1200.00) or
non-citizen sponsor deeming.
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B Applying Deduction
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Deduct IRWE from earned income after subtracting any
unused portion of the general deduction and the $65 earned income deduction
but prior to deducting 1/2of the remaining earned income.
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C. Disability Criteria for Deduction
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To qualify for the IRWE
deduction, the individual must meet one of the following conditions:
Disabled
(but not blind) and under the age of 65 years;
Disabled
(but not blind) and receives SSI as a disabled person for the month prior to
the month he reaches the age of 65 years.
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D. Additional
IRWE Eligibility Criteria
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An individual who
meets one of the conditions in C above must also meet all of the following
four conditions to be eligible for the IRWE deduction:
The
individual's countable income, after application of the IRWE deduction, does
not exceed the appropriate income standard (see
MS
616.00).
The
severity of the individual's impairment requires the purchase or rental of
certain items and services in order for him to work.
Payment
for the IRWE is in cash (including checks or other forms of money) and not in-kind.
The
cost of such items or services is paid by the individual who will receive the
income deduction.
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E. Items or Services Paid by Other Sources
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Do not deduct the
cost of an item or service that has been, could be, or will be paid by any
other source (individual, private insurance plan, Medicare, Medicaid, or
other plan or agency).
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F. Deduction for Payment for Services
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Deduct the payment for
services if the services are received while working and payment is made in a
month the recipient of such services is working. Allow the deduction for any of the following conditions:
Even
though the recipient of such services must leave work temporarily to receive
the services (he is still considered to be working).
Payment
is made in the month earned income is received and the earned income is for
work done in the month the services are received.
Employment
begins and payment for services is made before the month earned income is
received;
A
payment for services is made after employment stops, and the payment is made
in the month earned income was received for work done in the month the
services were received.
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G. Payment
for Deductible Items
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Deduct payment for
deductible items (regardless of when the item was acquired) if payment is
made in a month the recipient of such an item is working.
Allow the deduction if payment is made in the month
earned income is received and the earned income is for work done in the month
the item is used.
If
employment begins and a payment for a deductible item is made before the
month earned income is received, the payment is deductible;
If
a payment for a deductible item is made after employment stops, and the
payment is made in the same month in which earned income is received for work
done in the month the item was used, the payment is deductible.
Payment for a
deductible item made in any of the 11 months preceding the month work begins
may be deductible:
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The item is paid for in
full during these 11 months
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Prorate the payment
over the 12-consecutive month period beginning with the month of the
first payment.
Note: The
only portion of the payment which is actually deductible from earned income
is the portion prorated to the month work begins and any following months.
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Installment payments
(including a down payment) are made for a particular item during these 11
months.
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Total the payments and
consider the payments to have been made in the month of the first payment.
The sum
of all payments made is prorated over the 12-consecutive month period
beginning with the month of the first payment (but never earlier than 11
months before the month work began).
Only that
portion of the total which is deductible is the portion prorated to the month
work began and the following months.
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Note: Either
the entire amount of the deduction may be applied to the first month of work,
or it may be prorated over a 12 consecutive month period beginning with the
first month of work, whichever the customer selects.
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H. IRWE
Expenses Which May Be Deducted
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The following provides the type of payments that may be
deducted as an IRWE expense.
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Attendant care
services:
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Expenses incurred for assistance with personal
functions (e.g., dressing, administering medications) at home in preparation
for going to and assistance in returning from work.
Expenses incurred
for assistance in traveling to and from work, or while at work for assistance
with personal functions (e.g., eating, toileting) or with work-related
functions (e.g., reading, communicating).
Payments made to a
family member to provide attendant care services when:
Such
family member, in order to perform such services, suffers an economic loss by
terminating his employment or by reducing the number of hours he works.
A family member is anyone who is related to the
customer by blood, marriage or adoption, whether or not that person resides
with the customer.
Note: Only that portion of a payment to an attendant
that is for services that come under these provisions is deductible.
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Medical devices:
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Medical devices
include durable medical equipment which can withstand repeated use, is
customarily used for medical purposes, and is generally not useful to a
person in the absence of an illness or injury (e.g., wheelchairs,
hemodialysis equipment, canes, crutches, inhalators, and pacemakers).
Payments made for medical devices utilized to enable
the individual to work are deductible.
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Prosthetic devices:
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A
prosthetic device replaces an internal body organ or external body part
(e.g., artificial replacements of arms, legs and other parts of the body).
·
Payments made for prosthetic devices utilized to
enable the individual to work are deductible.
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Equipment
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When
special equipment is required in order for the individual to do his job,
payments made for that equipment are deductible (e.g., one-hand
typewriters, telecommunication devices for the deaf, tools specifically
designed to accommodate a person's impairments).
The
location of the individual's place of work determines which modifications to
his residence are deductible.
¡ When employed outside the home, only the cost of
changes made outside the home to permit the individual to get to his means of
transportation (e.g., the installation of an exterior ramp for a wheel-chair
confined person, special exterior railings or pathways for someone requiring
crutches) are deductible.
¡ When employed at
home, the costs of modifying the inside of the individual's home in order to
create a working space to accommodate the impairment(s) are deductible, but
only to the extent that the changes pertain specifically to the space in
which the individual actually works (e.g., enlargement of a doorway leading
into the work space, modification of the work space to accommodate problems
in dexterity).
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Non-medical
appliances and equipment that are not ordinarily used for medical purposes
(e.g., portable room heaters, air conditioners, humidifiers, dehumidifiers,
electric air cleaners) are generally not deductible.
¡ When
unusual circumstances clearly establish an impairment-related and
medically verified need for such an item because it is essential for the
control of the individual's disabling condition (and thus enables the individual
to work), expenses for such an item are deductible.
¡ To be considered essential, the item must be of
such a nature that if it were not available there would be an immediate
adverse impact upon the individual's ability to function in his work activity
(e.g., an electric air cleaner by an individual with severe respiratory
disease who cannot function in a non-purified air environment,
regardless of whether the item is used at home or in the work place in this
situation).
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Note: Any cost
deducted as a business expense for the self-employed in the eligibility
determination process cannot be deducted as an IRWE.
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Drugs and medical
services:
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Payments
made for drugs or medical services, including diagnostic procedures, used to
control impairment(s) are deductible.
The drugs or services must be prescribed (or
utilized) to reduce or eliminate symptoms of the impairment(s), or to slow
down its progression. Only the costs
of drugs or services directly related to the individual's impairment(s) are
deductible.
Examples
of deductible drugs and medical services are:
Anticonvulsant
drugs to control epilepsy or anticonvulsant blood level monitoring;
Antidepressant
medication for mental disorders;
Medication
used to relieve the side effects of certain treatments;
Radiation
treatment or chemotherapy for cancer patients;
Corrective
surgery for spinal disorders;
Electroencephalograms
and brain scans related to a disabling epileptic condition;
Tests
to determine the effectiveness of medication on a diabetic condition;
Immunosuppressive
medications that kidney transplant patients regularly take to protect against
graft rejection.
Examples
of non-deductible drugs and services:
Routine
annual physical examinations;
Optician
services (unrelated to a disabling visual impairment);
Dental
examinations.
The
diagnostic procedures must be performed to evaluate how the impairment(s) is
progressing, or to determine what type of treatment should be provided for
the impairment(s).
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Similar items and
services
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When required to utilize items and services not specified
in one of the types of payments listed above but which are directly related
to the individual's impairment(s) and which are needed to work, their costs
are deductible.
Payments
made for expendable medical supplies (e.g., incontinence pads, catheters,
bandages, elastic stockings, face masks, irrigating kits, disposable sheets
and bags) are an allowable deduction.
Payments
made for physical therapy needed in order to allow the individual to work is
an allowable deduction.
Payments
for transportation costs to or from work will be deductible in the following
situations:
¡ When
the individual requires a vehicle which has structural or operational
modifications in order to get to work. These modifications must be critical to the operation or use of the
vehicle and directly related to the individual's impairment(s).
¡ The costs
of the required modifications are deductible, but not the cost of the
vehicle.
¡ A mileage
allowance of 28¢ per mile for the trip to and from work is deductible.
¡ When the individual requires driver assistance,
taxicabs, or other hired vehicles in order to work, amounts paid to the
driver and, when the individual's own vehicle is used, a mileage allowance of
28¢ per mile for the trip to and from work is deductible for the trip to and from work is deductible.
¡
When the
individual's impairment(s) prevents him from utilizing available public
transportation to and from work and he must drive his unmodified vehicle, a
mileage allowance 28¢ per mile for the trip to and from work is
deductible when it can be verified through
the individual's physician or other sources that the need to drive is caused
by the individual's impairment(s) and not due to the unavailability of public
transportation.
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Installing,
maintaining, and repairing deductible items:
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When the device, equipment,
appliance, etc., that an individual utilizes qualifies as a deductible item
as described in any of the above types listed above, the costs directly
related to installing, maintaining, and repairing these items are also
deductible.
Note: The costs which are associated with modifications to a vehicle are
deductible; with the exception of a mileage allowance (28¢ per mile
for the trip to and from work), the costs
which are associated with the vehicle itself are not deductible.
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I Proof of IRWE Expenses
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The individual must
provide proof of:
The
individual's need for items or services for which deductions are claimed;
The cost
of the items or services; and
Payment
for item or services for which deductions are claimed.
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610.06 One-half Work Expense
Deduction
A. Policy
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One-half of the remaining earned income can be deducted after all
previous earned income deductions are applied.
ALTCS Acute (Net)
SSI-MAO
AHCCCS FTW
MCS
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Note: This
deduction does not apply when income eligibility is being determined for
SSI-MAO using the FPL limit.
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B. Applying Deduction
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Apply this deduction after all previous deductions have
been applied to the earned income.
Deduct 1/2 of the remaining earned income.
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Note: If
income eligibility is being determined for SSI-MAO using the FPL limit, do
not deduct 1/2 of the remaining earned income.
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610.07 Blind Work Expenses
A. Policy
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Ordinary and
necessary expenses attributable to the earning of income can be deducted from
the income earned by an individual who is blind under the following
conditions:
Individuals
who are over the age of 65 and blind are not entitled to the deduction unless
the individual was eligible for SSI or SSI related MAO programs as a blind
person in the month before turning 65.
Eligible
spouses who are also blind and working may qualify for their own blind work
expense deduction.
Expenses
cannot exceed the amount of earned income for any control date. Do not carry over unused amount of
expenses to another month.
Expenses are deductible only in the month in which
they are paid. Inform the blind
individual that expenses may not exceed the amount of earned received in a
month so they may arrange payment of expenses to his or her advantage.
ALTCS Acute (Net)
SSI-MAO
AHCCCS FTW
MCS
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B. Applying Deduction
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Deduct Blind Work Expenses from earned income after
subtracting any unused portion of the general deduction, the $65 earned
income deduction and 1/2of the remainder.
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C. Types of Expenses Allowed
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Only ordinary and
necessary expenses reasonably attributable to the earning of income are
deductible. To be deductible an
expense need not relate directly to the blindness of the individual, it need
only be an expense related to working. There are three major categories of expenses. The following are some
(but not necessarily all) types of expenses.
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Transportation to and
from work:
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Bus or
cab fare (actual cost).
Cane
travel instruction.
Guide dog
and upkeep.
Private
automobile ($.28 per mile).
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Job performance:
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Braille
instruction;
Child
care costs (if not otherwise provided);
Equipment
needed on the job;
Instruction
in grammar (if work related);
Licenses;
Meals
consumed at work;
Professional
association dues (work related);
Prosthesis
needed for work (even though not blind related);
Optical
aids;
Reader;
Safety
shoes;
Taxes
(Federal, state or local income taxes);
Taxes
(FICA or self-employment);
Tools
(used on the job);
Translation
of materials into Braille;
Uniforms
and upkeep;
Union
dues;
Wheelchair
(necessary due to other disability).
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Job improvement:
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Stenotype
instruction for blind typists;
Key punch
training;
Computer
program training.
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