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256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY.
    Subdivision 1. Determination of eligibility. A county agency must determine MFIP
eligibility prospectively for a payment month based on retrospectively assessing income and the
county agency's best estimate of the circumstances that will exist in the payment month.
Except as described in section 256J.34, subdivision 1, when prospective eligibility exists, a
county agency must calculate the amount of the assistance payment using retrospective budgeting.
To determine MFIP eligibility and the assistance payment amount, a county agency must apply
countable income, described in section 256J.37, subdivisions 3 to 10, received by members of an
assistance unit or by other persons whose income is counted for the assistance unit, described
under sections 256J.21 and 256J.37, subdivisions 1 to 2.
This income must be applied to the MFIP standard of need or family wage level subject to this
section and sections 256J.34 to 256J.36. Income received in a calendar month and not otherwise
excluded under section 256J.21, subdivision 2, must be applied to the needs of an assistance unit.
    Subd. 2. Prospective eligibility. A county agency must determine whether the eligibility
requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15 and
256J.20, will be met prospectively for the payment month. Except for the provisions in section
256J.34, subdivision 1, the income test will be applied retrospectively.
    Subd. 3. Retrospective eligibility. After the first two months of MFIP eligibility, a county
agency must continue to determine whether an assistance unit is prospectively eligible for the
payment month by looking at all factors other than income and then determine whether the
assistance unit is retrospectively income eligible by applying the monthly income test to the
income from the budget month. When the monthly income test is not satisfied, the assistance
payment must be suspended when ineligibility exists for one month or ended when ineligibility
exists for more than one month.
    Subd. 4. Monthly income test. A county agency must apply the monthly income test
retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the
countable income equals or exceeds the MFIP standard of need or the family wage level for the
assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment, prior to mandatory payroll deductions, voluntary
payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision
4
, and the allocations in section 256J.36, unless the employment income is specifically excluded
under section 256J.21, subdivision 2;
(2) gross earned income from self-employment less deductions for self-employment
expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business
state and federal income taxes, personal FICA, personal health and life insurance, and after the
disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income after deductions for allowable expenses in section 256J.37, subdivision
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, and allocations in section 256J.36, unless the income has been specifically excluded in section
256J.21, subdivision 2;
(4) gross earned income from employment as determined under clause (1) which is received
by a member of an assistance unit who is a minor child or minor caregiver and less than a
half-time student;
(5) child support and spousal support received by an assistance unit;
(6) the income of a parent when that parent is not included in the assistance unit;
(7) the income of an eligible relative and spouse who seek to be included in the assistance
unit; and
(8) the unearned income of a minor child included in the assistance unit.
    Subd. 5. When to terminate assistance. When an assistance unit is ineligible for MFIP
assistance for two consecutive months, the county agency must terminate MFIP assistance.
History: 1997 c 85 art 1 s 22; 1998 c 407 art 6 s 67,68; 1999 c 245 art 6 s 38; 2000 c
488 art 10 s 10