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RULE §108.1429 Family Size and Adjusted Income

Published: 2015

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(a) The family size equals:
  (1) the total number of people living in the home,
including the child's parent(s) and the child; and
  (2) other individuals who are financial dependents
of the parent.
(b) The family's annual gross income equals the total
of all income received by the family. The gross income includes all
income classified as taxable income by the Internal Revenue Service
before federal allowable deductions are applied. If the parent does
not attest to the family's annual gross income, the contractor must
bill the family the full cost of services.
(c) The family's allowable deductions are limited to
the family's expenses in the following categories:
  (1) childcare and respite;
  (2) costs and fees associated with the adoption of
a child;
  (3) court-ordered child support payments paid by the
parent in the home for financially dependent children who were not
included in the family size calculation; and
  (4) medical or dental expenses that are to primarily
alleviate or prevent a physical or mental illness or defect. Allowable
deductions for medical and dental expenses are limited to the cost
    (A) diagnosis, cure, alleviation, treatment, or prevention
of disease;
    (B) treatment of any affected body part or function;
    (C) medical services legally delivered by physicians,
surgeons, dentists, and other medical practitioners;
    (D) medications, medical supplies, and diagnostic devices;

    (E) medical and dental health care premiums;
    (F) transportation to receive medical or dental care;
    (G) medical or dental debt that the family is paying
on an established payment plan.
(d) The contractor calculates the allowable deductions
using the actual amounts the family paid over the previous 12 months
and are expected to continue during the IFSP period and projections
for new expenses expected to occur during the IFSP period. If the
parent does not attest to the family's allowable deductions, the contractor
determines the maximum charge based on the family's gross income.
The contractor may implement written local policies requiring verification
of allowable deductions in addition to the family's required written
(e) The family's annual adjusted income equals the
family's annual gross income minus the family's allowable deductions.

Source Note: The provisions of this §108.1429 adopted to be effective May 1, 2014, 39 TexReg 3449