NDAC 75-02-01.2-50
Earned income considerations
Cite as N.D. Admin. Code ยง 75-02-01.2-50
1.
Earned income must be verified and documented in the case record. Earned income may be
received from a variety of sources.
2.
Net earned income is determined by adding monthly net income from self-employment to
other monthly earned income and subtracting the applicable deductions and disregards.
3.
Except as provided in subsection 4, monthly self-employment income is determined as
follows:
a.
Monthly self-employment income is one-twelfth of the business or farm income
calculated from the net profit of an individual's income tax forms and schedules, plus
gains or minus losses related to self-employment business that are expected to continue
during the current year, minus any type of income that must be considered unearned
income, and minus expenses with the exception of depreciation and depletion.
b.
For a business that has been operating for less than a full tax year, monthly
self-employment income is the gross income from the individual's income tax forms and
schedules, plus gains or minus losses related to the self-employment business that are
expected to continue during the current year, minus any type of income that must be
considered unearned income and minus expenses, with the exception of depreciation
and depletion, divided by the number of months the business has been in operation.
c.
In the case of a business that furnishes room and board, monthly gross receipts less one
hundred dollars per room and board client.
d.
If the most recent available federal income tax return does not accurately predict income
because the business has been recently established, because the business has been
terminated or subject to severe reversal, because the applicant or recipient makes a
convincing showing that actual net income is substantially less than the amount
determined, because the individual has not filed an income tax return, or because the
human service zone determines for any reason that actual net profits are substantially
greater than the amount determined based on the most recent available federal income
tax return, an amount determined by the human service zone to represent the best
estimate of monthly net income from self-employment must be used. If the most recent
available federal income tax return is not used or if the individual did not file a federal
income tax return, the self-employed individual shall provide the best information
available on income and expenses. Income and expense statements, when available,
must be used as a basis for computation.
4.
If earnings from more than one month are received in a lump sum payment, the payment must
be divided by the number of months in which the income was earned, and the resulting
monthly amounts are attributed to each of the months with respect to which the earnings were
received.
5.
Income received on a contractual basis is allocated equally to each of the months covered by
the contract, regardless of when the contract payments are actually received, and is deemed
available to be received in the months to which income is allocated.
6.
The standard employment expense allowance recognizes all costs associated with
employment, including transportation, uniforms, social security contributions, and income tax
withholding. This standard allowance applies to adult household members and nonstudent
dependent children who are employed either full time or part time.
7.
The standard employment expense allowance is the greater of one hundred eighty dollars or
twenty-seven percent of gross earned income per month. This standard employment expense
allowance applies to all individuals who receive an employment expenses allowance, including
stepparents and parents of minor parents.