1. (a) The first $30 plus one-third of the remainder shall be deducted from the nonexempt earned income of an AFDC-MN or MI person, if the person meets all of the following:

   1. (1) Is the spouse or parent of an aged, blind or disabled MN person.
   2. (2) Was eligible for and receiving an AFDC cash grant, as specified in (b) from any state, in one of the four months immediately prior to the month in which the deduction will be applied.
   3. (3) Did not receive the $30 plus one-third deduction in any AFDC cash family budget unit for four consecutive months without an intervening twelve consecutive month period when he/she was not an AFDC recipient.

2. (b) A person is considered to have been receiving an AFDC cash grant if that person meets any of the following conditions:

   1. (1) Was receiving an AFDC money payment.
   2. (2) Was not receiving an AFDC money payment due to the adjustment of an overpayment.
3. (c) When the beneficiary has received the $30 plus one-third deduction in any MFBU or AFDC Assistance Unit for four consecutive months as provided in (a) above, he/she shall be eligible for a $30 disregard for a period of eight consecutive months immediately following the end of the four consecutive months.
4. (d) If for any reason the beneficiary does not receive the $30 deduction in a month that month shall nonetheless count as one of the eight consecutive months.
5. (e) When the additional eight consecutive month period has expired, a beneficiary shall not be entitled to receive either the $30 plus one-third or the $30 deduction again until he/she has not received AFDC for twelve consecutive months.
6. (f) The provisions of this regulation also apply to eligibility determinations or redeterminations made retroactively to October 1, 1984.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code; Section 14, AB 1557, Chapter 1447, Statutes of 1984. Reference: Sections 14005.4, 14005.7 and 14005.8, Welfare and Institutions Code.

History

1. Repealer and new section filed 2-7-78 as an emergency; effective upon filing (Register 78, No. 6).

2. Certificate of Compliance filed 5-5-78 (Register 78, No. 18).

3. Amendment filed 4-2-82 as an emergency; effective upon filing (Register 82, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-31-82.

4. Certificate of Compliance transmitted to OAL within 120 days and filed 8-10-82 (Register 82, No. 33).

5. Amendment of subsection (a)(2) and new subsections (c), (d), (e), and (f) filed 4-15-85 as an emergency (Register 85, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-13-85.

6. Certificate of Compliance including amendment of subsections (c)-(e) transmitted to OAL 8-13-85 and filed 9-18-85 (Register 85, No. 38).