1. A. The Department shall count child support, alimony, or spousal maintenance, received by a member of the family or the assistance unit or a parent or minor sibling of a dependent child in an assistance unit, before the initial eligibility determination date, as income in the month received.

2. B. After the eligibility determination date, and if the application is approved, the Department shall count current child support, alimony, or spousal maintenance received on behalf of an assistance unit member as income to determine the cash benefit amount, when the following conditions are met:

   1. 1. Current child support, alimony, or spousal maintenance is received by the Department’s Division of Child Support Enforcement (DCSE), on behalf of an assistance unit member, a person whose income is considered available to the assistance unit, or a private collection agency; and
   2. 2. DCSE has passed the support money on to the assistance unit or a person whose income is considered available to the assistance unit.

3. C. After the eligibility approval date, if an assistance unit member or a parent or minor sibling whose income is considered available to the assistance unit receives child support, alimony, spousal maintenance, or medical support after assigning to the Department the right to such support, and the member fails to turn over the support to the Department, the Department shall:

   1. 1. Count the support received by the assistance unit, as provided above in subsection (A); and
   2. 2. Sanction the assistance unit as provided in R6-12-316.

Historical Note

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

Editor’s Note: The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor’s Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.