(a) In determining a person's co-payment, the Texas Health and Human Services Commission (HHSC) calculates earned income each month by subtracting the following mandatory payroll deductions:
  (1) income tax;
  (2) social security tax;
  (3) required retirement withholding; and
  (4) required uniform expenses.
(b) After a person or couple in an institutional setting is determined eligible, HHSC applies the payroll deductions described in subsection (a) of this section to:
  (1) an applicant or recipient;
  (2) an applicant's or recipient's spouse; and
  (3) a dependent relative of either spouse.

Source Note: The provisions of this §358.441 adopted to be effective September 1, 2009, 34 TexReg 5497