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1240-1-4-.25(3) |
(a) General Provisions for Income Averaging Households that derive their annual income in a period of time shorter than one year shall have that income averaged over a 12-month period, provided the income is not received on an hourly or piece-work basis. This provision includes teachers and other school employees who are under a contract which is renewable on an annual basis. Such members will be considered to be receiving compensation for an entire year even though predetermined non-work periods are involved or actual compensation is scheduled for payment during the work periods only. The renewal process may involve a signing of a new contract each year; be automatically renewable; or, in cases of school tenure, rehire rights may be implied and thus preclude the use of a written contract altogether. The fact that such a contract is in effect for an entire year does not necessarily mean that the contract will stipulate work every month of the year. There may be certain predictable non-work periods or vacations. Income from such a contract will be considered as compensation for a full year regardless of the frequency of compensation as stipulated in the terms of the contract, as determined at the convenience of the employer, or as determined at the wish of the employee. (e) Determination of Eligibility, Basis of Issuance, and Certification Periods The annual income household members received from contractual employment described above shall be averaged over a 12-month period to determine the member’s average monthly income. To determine the household’s eligibility, all other monthly income from other household members will be added to this average monthly income and income exclusions and deductions applied in the normal manner. Policy as stated in 1240-1-4-.25-(3)-(e) does not apply to recipients of emergency food stamp assistance issued under an FNS declared disaster. In case of emergency food stamp assistance, special rules apply which are dictated at the time of the emergency. |
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