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How constructively received income is counted depends on whether:
· The assignment of income to another person is revocable or irrevocable; and
· If the income is assigned on a periodic or permanent basis:
If the income is… |
Then… |
Revocably assigned |
Income is counted in each month it would have normally been received. |
Irrevocably and permanently assigned (all future payments are assigned) |
Irrevocably assigned income is not counted. NOTE For ALTCS, the assignment is evaluated as a transfer (see Chapter 900). |
Irrevocably assigned on a periodic basis (not all future payments are assigned) |
For ALTCS: Count the income in each month it would have normally been received is counted (constructively received). |
For all other programs the income for months it is irrevocably assigned is not counted. |
Term |
Definition |
Constructively Received Income |
Income that a person is entitled to or has unrestricted control of before refusing or assigning the income to someone else. |
Irrevocable Assignment |
The person cannot legally take back the assigned income or taking back possession requires action by a third party who is not under the person’s control. |
Revocable Assignment |
The person has the right to get back if he or she chooses. |
Proof of the assignment includes legal documents, contracts and agreements listing the length and terms of the assignment.
This requirement applies to the following programs:
Program |
Legal Authorities |
ALTCS SSI-MAO MSP FTW |
42 USC 1382a(a) and (b) 20 CFR 416.1102, 1110, 1111, and 1120 |
Caretaker Relative Pregnant Woman Child Adult KidsCare |
42 CFR 435.603 |