IM-128 August 20, 2020; IM-155 November 21, 2002
- Apply the two-thirds disregard to the adjusted gross income. If more than one person has become employed while the case is active, apply the two-thirds disregard to each person’s adjusted gross income.
- Do not apply the two-thirds disregard for longer than 12 consecutive months. Once the two-thirds disregard is applied for 12 consecutive months, the individual is not eligible for the two-thirds disregard until the individual has not received Temporary Assistance for 12 consecutive months.
- When a Temporary Assistance participant has received the two-thirds disregard for 12 consecutive months, has not been off assistance for 12 months, and is approved for Medicaid only, the two-thirds disregard is not allowed again, as the claimant already had the benefit of this disregard for cash and Medicaid.
- For Temporary Assistance cases, when determining receipt of the two-thirds disregard for 12 consecutive months and determining 12 consecutive months off assistance.
- Prior receipt of four consecutive months of the $30 plus 1/3 disregard does not make and individual ineligible for the two-thirds disregard.
- A participant who reports a change timely but receives payments at a higher amount for an additional month(s) (for example, a hearing and hearing process take that long), receives the two-thirds disregard when determining the overpayment (unless s/he previously received the two-thirds disregard for 12 consecutive months). Count those months for which the overpayment was computed allowing the two-thirds disregard toward the 12 consecutive months of entitlement.
- When removing the two-thirds disregard, send the participant an adverse action notice.
- Allow the two-thirds disregard if the individual received a cash grant and was allowed the two-thirds disregard, in any one of the last four months. Only allow the two-thirds disregard for as many months as are remaining of the total twelve months. For example, a Temporary Assistance participant becomes employed and is eligible for a $75 grant, using the two-thirds disregard. After receiving this grant for two months, she voluntarily terminates her cash assistance, so she won’t use up any more of the forty-five months of lifetime eligibility.
After three months without a cash grant, she requests that her cash assistance be reinstated. Her employment has not terminated. Her eligibility and grant amount are determined using the two-thirds disregard. If eligible, she will continue to be allowed the two-thirds disregard for ten more months.