DAR File No. 27421

Community and Economic Development, Community Development, Community Services

R202-203-324

Income Deductions

NOTICE OF PROPOSED RULE

DAR File No.: 27421
Filed: 09/10/2004, 05:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment corrects the language of the rule.

Summary of the rule or change:

Payments of child support or alimony made directly to a mortgage or car payment are deductible.

State statutory or constitutional authorization for this rule:

Sections 9-12-101 through 9-12-105

Anticipated cost or savings to:

the state budget:

This is an internal programmatic correction to the rule. No cost is associated with this change. HEAT is a federal program administered by the U.S. Department of Health and Human Services known as the Low Income Home Energy Assistance Program (LIHEAP). It is 100% federally funded and requires no state or local government funds; nor does it require funds from any other person or entity. Thus there are no cost or savings to the state.

local governments:

This is an internal programmatic correction to the rule. No cost is associated with this change. HEAT is a federal program administered by the U.S. Department of Health and Human Services known as the Low Income Home Energy Assistance Program (LIHEAP). It is 100% federally funded and requires no state or local government funds; nor does it require funds from any other person or entity. Thus there are no cost or savings to local government.

other persons:

This is an internal programmatic correction to the rule. No cost is associated with this change. HEAT is a federal program administered by the U.S. Department of Health and Human Services known as the Low Income Home Energy Assistance Program (LIHEAP). It is 100% federally funded and requires no state or local government funds; nor does it require funds from any other person or entity. Thus there are no cost or savings to other persons or entities.

Compliance costs for affected persons:

No person or other entity are required to pay any costs to comply with this rule or to participate in the HEAT Program. All costs are borne by the HEAT Program and as explained under Other Persons above it is 100% federally funded.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no fiscal impacts on businesses associated with this rule.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Sherm Roquiero at the above address, by phone at 801-538-8644, by FAX at 801-538-8888, or by Internet E-mail at shermr@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/01/2004

This rule may become effective on:

11/02/2004

Authorized by:

David Harmer, Executive Director

RULE TEXT

R202. Community and Economic Development, Community Development, Community Services.

R202-203. Energy Assistance Income Standards, Income Eligibility, and Payment Determination.

R202-203-324. Income Deductions.

1. Medical

A deduction for payments on uncompensated medical bills will be allowed when those payments are actually made by a member of the household during the same time period as the income being counted.

a. The client must verify the payment was made directly to a medical provider in the month prior to the month of application and that they will not be reimbursed by a third party.

b. Health and accident insurance payments, dental insurance payments, and Medical Assistance Only (MAO) payments are considered medical expenses.

2. Child Support and Alimony

a. A deduction for child support and alimony payments will be allowed when those payments were actually made by a member of the household during the same time period as the income being counted.

b. The client must verify the payment was actually made directly to the custodial adult or through the court.

c. Payments in lieu of child support and alimony, including car payments or mortgage payments, are [not ]deductible.

KEY: energy assistance, self-employment income, income eligibility, payment determination

[1994]2004

Notice of Continuation June 14, 2002

9-12-10

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Sherm Roquiero at the above address, by phone at 801-538-8644, by FAX at 801-538-8888, or by Internet E-mail at shermr@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.