SECTION 372.408. Determining Income Eligibility

(a) In the TANF Program, the Texas Health and Human Services Commission (HHSC) determines income eligibility by applying the following tests:

(1) Budgetary needs test. The first income eligibility test for TANF applicants, the budgetary needs test applies to households that have not received TANF benefits during the four months before the application month. HHSC determines the applicable budgetary needs amount from the table in paragraph (2) of this subsection, based on the persons in the certified group and whether the household includes a second parent. A household passes this test if the total income under §372.403 of this division (relating to Determining Whose Income Counts in TANF) does not exceed the budgetary needs amount.

(2) Recognizable needs test. The second income eligibility test for TANF applicants, the recognizable needs test applies to the continuing income eligibility of TANF recipients. HHSC determines the applicable recognizable needs amount from the following table, based on the persons in the certified group and whether the household includes a second parent. A household passes this test if the total income under §372.403 of this division, minus all applicable deductions in §372.409 of this division (relating to Allowable Deductions from Countable Income in TANF), is equal to or less than the recognizable needs amount.

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(b) In SNAP, HHSC follows 7 CFR §273.9 and §273.10 to determine income eligibility.

Source Note: The provisions of this §372.408 adopted to be effective September 1, 2009, 34 TexReg 5361