WAC 182-509-0320 MAGI income -- Noncountable income.

WAC 182-509-0320 MAGI income -- Noncountable income.

Effective September 18, 2020.

For purposes of determining eligibility for modified adjusted gross income (MAGI)–based Washington apple health (see WAC 182-509-0300):

  1. Some types of income are not counted when determining eligibility for MAGI-based apple health. Under the MAGI income methodology described in WAC 182-509-0300, income is not counted if the Internal Revenue Service (IRS) permits it to be excluded or deducted for purposes of determining the tax liability of a person. (See 26 U.S.C. Sections 62(a) and 101-140.)
  2. Examples of income that are not counted include, but are not limited to:
    1. Bona fide loans, except certain student loans as specified under WAC 182-509-0335;
    2. Federal income tax refunds and earned income tax credit payments for up to twelve months from the date received;
    3. Child support payments received by any person included in household size under WAC 182-506-0010;
    4. Nontaxable time loss benefits or other compensation received for sickness or injury, such as benefits from the department of labor and industries (L&I) or a private insurance company;
    5. Title IV-E and state foster care and adoption support maintenance payments;
    6. Veteran's benefits including, but not limited to, disability compensation and pension payments for disabilities paid to the veteran or family members; education, training and subsistence; benefits under a dependent-care assistance program for veterans, housebound allowance and aid and attendance benefits;
    7. Money withheld from a benefit to repay an overpayment from the same income source;
    8. One-time payments issued under the Department of State or Department of Justice reception and replacement programs, such as Voluntary Agency (VOLAG) payments;
    9. Nontaxable income from employment and training programs;
    10. Any portion of income used to repay the cost of obtaining that income source;
    11. Insurance proceeds or other income received as a result of being a Holocaust survivor;
    12. Federal economic stimulus payments that are excluded for federal and federally assisted state programs;
    13. Income from a sponsor given to a sponsored immigrant;
    14. Fringe benefits provided on a pretax basis by an employer, such as transportation benefits or moving expenses;
    15. Employer contributions to certain pretax benefits funded by an employee's elective salary reduction, such as amounts for a flexible spending account;
    16. Distribution of pension payments paid by the employee (such as premiums or contributions) that were previously subject to tax;
    17. Gifts as described in IRS Publication 559; Survivors, Executors, and Administrators;
    18. Cash or noncash inheritances, except that the agency counts income produced by an inheritance;
    19. Death benefits from life insurance and certain benefits paid for deaths that occur in the line of duty; and
    20. Other payments that are excluded from income under state or federal law.
  3. Income received from other agencies or organizations as needs-based assistance is not countable income under this section.
    1. "Needs-based" means eligibility for the program is based on having limited income, or resources, or both. Examples of needs-based assistance are:
      1. Clothing;
      2. Food;
      3. Household supplies;
      4. Medical supplies (nonprescriptions);
      5. Personal care items;
      6. Shelter;
      7. Transportation; and 
      8. Utilities (e.g. lights, cooking fuel, the cost of heating or heating fuel).
    2. Needs-based cash programs include, but are not limited to, the following apple health programs:
      1. Diversion cash assistance (DCA);
      2. Temporary assistance for needy families (TANF);
      3. State family assistance (SFA);
      4. Pregnant women's assistance (PWA);
      5. Refugee cash assistance (RCA);
      6. Aged, blind, disabled cash assistance (ABD); and
      7. Supplemental security income (SSI).

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.