Section 121.61  Gross Monthly Income Eligibility Standards

a)         Gross Monthly Income Eligibility Standards

1)         The gross income standards of eligibility shall be 130 percent of the nonfarm income poverty guidelines prescribed by the Office of Management and Budget (see 7 CFR 273.9(a)(1)).  However, categorically eligible households and households containing a member who is elderly, blind or disabled will be exempt from this gross income check (see also 7 CFR 273.9(c)).  To qualify for increased benefits, a household must contain a member who meets one of the following requirements:

A)        A member is 60 years of age or older.  An individual is considered age 60 in the fiscal month in which he or she becomes 60.

B)        A member receives Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act, (this includes the household where the member is receiving SSI income pending a final decision from the Social Security Administration.  This SSI income is being provided on a temporary or emergency basis).

C)        A member receives Social Security disability or blindness benefits under Title II (RSDI) of the Social Security Act.

D)        A member receives State Supplemental Payment (SSP) due to blindness or disability.

E)         A veteran with a service-connected disability rated or paid as totally disabled by the Department of Veterans Affairs (VA).

F)         A veteran considered by the VA to be in need of regular aid and attendance or permanently housebound.

G)        A veteran's surviving spouse who is considered in need of aid and attendance or considered permanently housebound by the VA or a veteran's surviving child who is considered permanently incapable of self-support by the VA.

H)        A veteran's surviving spouse or child entitled to compensation for a service-connected death or pension benefits for a nonservice-connected death from the VA, if the spouse or child also has a disability considered permanent under Social Security requirements.

I)          A member receives federal, state, or local government disability pension and is considered permanently disabled under Social Security requirements.

J)         A member receives Railroad Retirement disability benefits.

K)        A member receives an annuity payment from Railroad Retirement and is eligible for Medicare.

L)         A member receives disability-related medical assistance benefits (Categories 92, 93 and P3) under Title XIX (Medicaid) of the Social Security Act.

2)         For those veterans, surviving spouses, or children mentioned in subsections (a)(1)(F) and (G) of this Section, proof of receipt of VA disability benefits is sufficient verification of disability.  For those veterans mentioned in subsection (a)(1)(E) of this Section, a verified statement, in writing, from the VA that the individual is totally disabled must be provided.  To verify disability for those individuals mentioned in subsection (a)(1)(H) of this Section, the individual must provide a statement from the Social Security Administration or from a physician licensed under the Medical Practice Act of 1987 [225 ILCS 60], or a licensed or certified psychologist under the Clinical Psychologist Licensing Act [225 ILCS 15] that the individual suffers from one of the disabilities listed in the preamble to Section 221(i) of the Social Security Act (42 USC 421(i)) or if the disability is obvious, by the observation of the caseworker (for example, permanent loss of use of both hands).

3)         Legally obligated child support payments paid by a household member shall be excluded from gross income when comparing income to the gross income standard to determine eligibility.

(Source:  Amended by peremptory rulemaking at 32 Ill. Reg. 16905, effective October 1, 2008)