Fluctuating Income

(b) Income received during weeks with non-significant income changes, as defined in He-W 701.02, shall not be used to determine the average monthly amount.

(c) When the average monthly amount determined in (a) above does not represent a best estimate of future income, the average monthly amount shall be determined as follows:

(1) Only data for weeks that accurately represent past earnings, up to a maximum of 8 weeks of data, shall be included;

(2) The average weekly income shall be determined using the data from the weeks identified in (1) above; and

(3) The appropriate multiplier under He-W 744.01 shall be used to convert average weekly income to a monthly amount.

(d) When income has been received for less than 4 consecutive weeks, the best estimate of future income, shall be determined by computing a monthly average based on the actual number of weeks the income was received.

(e) The following shall apply to self-employment income:

(1) If self-employment income is the only income received from employment in a 12-month period, it will be averaged over a 12-month period;

(2) If self-employment income is the only income received from employment in a period of fewer than 12 months, it will be averaged over the number of months it was received; and

(3) If self-employment income is not the only income received from employment, it will be treated as income in the months received and will not be averaged.

(f) The estimated average monthly gross earned income, pursuant to 7 CFR 273.10(c)(3), shall be used until the next recertification of eligibility.

(g) The estimated average monthly gross earned self-employment income, pursuant to 7 CFR 273.10(c)(3) and 7 CFR 273.11(a), shall be used for one year.

Source. #6826, eff 8-3-98; amd by #7722, eff 7-1-02; amd by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15; ss by #14082, eff 10-1-24

PART He-W 745 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) # 5133, eff 5-2-91

PART He-W 746 ACTIONS ON ELIGIBLE HOUSEHOLDS