NDAC 75-02-01.2-54
Unearned income considerations
Cite as N.D. Admin. Code ยง 75-02-01.2-54
1.
Unearned income must be verified and documented in the case record.
2.
All unearned income must be treated as available in the month in which the income is
received unless the income is disregarded. Unearned income must be applied to determine
eligibility for, and the amount of, the household's monthly cash grant.
3.
All nonexempt unearned income must be considered available in the month in which it is
received. Unearned income is usually received at fixed intervals and at regularly scheduled
dates. State or federal assistance payments such as supplemental security income or social
security received on a recurring basis must be treated as received once per month, even if
mailing cycles may cause two payments to be received in one month and none received in
another month.
4.
Unearned income received annually or received in regular annual totals, but in irregular
intervals, must be considered available, in each month, in an amount equal to one-twelfth of
the annual total. The twelve-month period may be a calendar year or other twelve-month fiscal
period appropriate to the nature of the payment. Sources of income appropriate for this
treatment include:
a.
Nonexcluded lease payment income deposited in and disbursed through individual Indian
moneys accounts maintained by individual Indians by the bureau of Indian affairs as
proceeds from the lease of lands held by the federal government in trust for the Indian;
b.
Lease payments made to persons for the use of lands occupied or owned by those
persons unless the lease specifically provides for monthly payments or unless the lease
is for a total term of less than one year; and
c.
Mineral lease payments, however denominated, except initial leasing bonus payments.
5.
Income must be applied prospectively.