1. (a) The department shall make a comprehensive assessment of an applicant's financial condition and needs when making a determination regarding an award from the fund.
2. (b) The department shall use the most recently available poverty guidelines set forth by the United States Department of Health and Human Services in the evaluation of an applicant's financial eligibility.
3. (c) The applicant's federal gross income or combined federal gross income of the applicant and the applicant's spouse shall be calculated at the time of the application and be based on the two (2) most recent consecutive pay stubs. The department shall use this calculation to annualize the applicant's and the applicant's spouse's federal gross income.
4. (d) An applicant may not be eligible for assistance from the fund if the applicant's federal gross income, or the combined federal gross income of the applicant and the applicant's spouse, exceeds two (2) times the poverty guideline unless the commission approves an income waiver under subsection (e).
5. (e) The commission may waive the income threshold if the applicant requests a waiver in writing to the commission. The applicant must provide a statement letter and supporting documentation setting forth the reasons why a waiver should be granted.
6. (f) The department shall consider other income or assets available to the applicant and the applicant's spouse and determine a threshold concerning the allowable amount of available assets. The asset limits shall be posted on the department's website.

As added by P.L.94-2026, SEC.51.