1. (a) The amount as determined in accordance with (b) shall be deducted from the remaining earned income of an AFDC-MN or MI person when both of the following conditions exist:

   1. (1) The person has reasonable and necessary costs of obtaining child care for a child in the MFBU or care for an incapacitated person in the MFBU.
   2. (2) The county department determines that adequate dependent care cannot be provided by another member of the MFBU.

2. (b) The amount deducted in accordance with (a) shall be the actual amount paid as limited by the following:

   1. (1) A maximum of $200 per child under two years of age.
   2. (2) A maximum of $175 per child two years of age or older.
   3. (3) A maximum of $175 per incapacitated person.
3. (c) This deduction shall also apply when the care is provided by a member of the MFBU, other than a spouse or parent, who terminated employment specifically to provide the necessary care.
4. (d) The provisions of this regulation also apply to eligibility determinations or redeterminations made retroactively to October 1, 1989.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.4 and 14005.7, Welfare and Institutions Code; and Sections 402(a)(8)(iii) and 1902 (r)(2), Social Security Act (42 U.S.C. Section 602).

History

1. Renumbering of former Section 50553.2 to Section 50553.5, and amendment of subsections (b) and (d) filed 9-28-89; operative 10-1-89 (Register 89, No. 40). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-29-90.

2. Certificate of Compliance as to 9-28-89 order transmitted to OAL 1-26-90 and filed 2-21-90 (Register 90, No. 9).