NDAC 75-02-02.1-37
Unearned income
Cite as N.D. Admin. Code ยง 75-02-02.1-37
Unearned income is income that is not earned income. Unearned income received in a fixed
amount each month shall be applied in the month in which it is normally received. The following income
rules apply to individuals not subject to a MAGI-based methodology:
1.
Recurring unearned lump sum payments received after application for Medicaid shall be
prorated over the number of months the payment is intended to cover. When a payment is
received and prorated in an ongoing case, or after a period of Medicaid eligibility or eligibility
for the children's health insurance program as provided in chapter 75-02-02.2, and the case is
closed and then reopened during the prorated period, or within the following proration period,
the lump sum payment proration must continue. All other recurring unearned lump sum
payments received before application for Medicaid or for the children's health insurance
program as provided in chapter 75-02-02.2 are considered income in the month received and
are not prorated.
2.
All nonrecurring unearned lump sum payments, except health or long-term care insurance
payments, veterans administration aid and attendance, veterans administration
reimbursements for unusual medical expenses, and veterans administration homebound
benefits intended for medical expenses shall be considered as income in the month received
and assets thereafter.
3.
One-twelfth of annual conservation reserve program payments, less expenses, such as
seeding and spraying, necessary to maintain the conservation reserve program land in
accordance with that program's requirements, is unearned income in each month.