13 CSR 40-2.050
Definition of Earned Income
PURPOSE: This rule defines earned income
in order to determine when earned income
disregards apply in establishing the amount
of payment for which the recipient is eligible.
(1) In applying the earned income exemptions, as stated in section 209.240, RSMo, to
an applicant for, or a recipient of, Supplemental Aid to the Blind and as stated in section 208.010, RSMo for an applicant for or
recipient of MO HealthNet for the Aged,
Blind, and Disabled (MHABD), the following definition of earned income will be used:
(A) The term earned income encompasses
income in cash or in kind earned by a needy
individual through the receipt of wages, salary,
commissions, or profit from activities in
which s/he is engaged as a self-employed individual or an employee. The earned income
may be derived from his/her own employment, such as business enterprise or farming,
or derived from wages or salary received as an
employee. It includes earnings over a period of
time for which settlement is made at one (1)
given time, as in the instance of sale of farm
crops, livestock, or poultry. In considering
income from farm operation, the option available for reporting under Social Security Disability Income, namely the cash receipts and
disbursements method, that is, a record of
actual gross, of expenses and of net, is an individual determination and is acceptable also for
public assistance. With reference to commissions, wages, or salary, the term earned
income means the total amount, irrespective
of personal expenses, such as income tax
deductions, lunches, and transportation to and
from work. With respect to self-employment,
the term earned income means the total profit
from business enterprise, farming, and the
like, resulting from a comparison of the gross
income received with the business expenses,
that is, total cost of the production of the
income. Personal expenses, such as income
tax payments, lunches, and transportation to
and from work, are not classified as business
expenses;
(B) The definition shall exclude the following from earned income: Returns from capital investment with respect to which the individual is not him/herself actively engaged, as
in a business (for example, under most circumstances, dividends and interest would be
excluded from earned income); and benefits
(not in the nature of wages, salary or profit)
accruing as compensation or reward for service or as compensation for lack of employment (for example, pensions and benefits
such as United Mine Workerโs benefits or
veterans benefits); and
(C) With regard to the degree of activity,
earned income is income produced as a result
of the performance of services by a recipient;
in other words, income which the individual
earns by his/her own efforts, including managerial responsibilities, would be properly
classified as earned income, such as management of capital investment in real estate.
Conversely, for example, in the instance of
capital investment where the individual carries no specific responsibility, such as where
rental properties are in the hands of rental
agencies and the check is forwarded to the
recipient, the income would not be classified
as earned income. In households where a
Supplemental Aid to Blind or MHABD
claimant is entitled to an income exemption
and where other persons are receiving other
types of assistance, the exempted income also
shall be disregarded in determining the need
of the other persons for public assistance.
AUTHORITY: sections 207.022 and 660.017,
RSMo 2016.* Original rule filed Sept. 26,
1951, effective Oct. 6, 1951. Amended: Filed
Sept. 19, 1961, effective Oct. 13, 1961.
Amended: Filed Oct. 1, 1965, effective Oct.
10, 1965. Amended: Filed Sept. 24, 1970,
effective Oct. 4, 1970. Amended: Filed Aug.
8, 2018, effective March 30, 2019. Amended:
Filed Sept. 6, 2019, effective March 30,
2020.
*Original authority: 207.022, RSMo 2014 and 660.017,
RSMo 1993, amended 1995.