(a) Definitions. The following words and terms when used within this chapter shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Income--Any type of payment that is of gain or benefit to the household. As established by the department, income is either countable or exempt under the department-established budgeting process.
  (2) Earned income--Income related to employment and entitles the household to deductions not allowed for unearned income.
  (3) Unearned income--Payments received without performing work-related activities. It includes benefits from other programs.
  (4) Sponsored alien--A person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. §1101 et seq.) and who, as a condition of admission, was sponsored by a person who executed an affidavit of support on behalf of the person.
(b) A county must subtract the work-related and childcare expense deductions allowed under department guidelines.
(c) A household must pursue and accept all income to which the household is legally entitled. Reasonable time (at least three months) must be allowed for the household to pursue the income. The income is not considered available during this time.
(d) Income from non-household members and/or disqualified household members is excluded, unless a county chooses to include the income of a person who executed an affidavit of support on behalf of the applicant and the income of the person's spouse, as authorized by Health and Safety Code, §61.008(a)(6).
(e) If a county chooses to include the income of a person who executed an affidavit of support on behalf of a sponsored alien and the income of the person's spouse, the county shall adopt written procedures for processing the incomes of the sponsor and the sponsor's spouse.

Source Note: The provisions of this §363.57 adopted to be effective April 1, 2004, 29 TexReg 3177; amended to be effective February 28, 2008, 33 TexReg 1549; amended to be effective November 13, 2012, 37 TexReg 8975; transferred effective March 1, 2022, as published in the Texas Register February 11, 2022, 47 TexReg 673