46-207. Grant plus income; uniform assistance
plan; amount of assistance


A. In no event shall assistance paid any recipient under this title be an amount
which, when added to income from all other sources, causes the total of income and grant
to exceed the need of the recipient under uniform assistance plans for each program as
determined by the state department, except that this subsection shall not apply to
temporary assistance for needy families prescribed in section 46-292.


B. If the total monies available for payment of assistance grants are not
sufficient to meet the maximum amount for which each applicant or recipient is eligible
by law, the department shall notify the joint legislative budget committee of the
insufficiency of monies and shall make recommendations on how to overcome the
insufficiency. The department shall not recommend reductions of an equal amount from
every grant in each category of assistance, but shall take into consideration the needs
of the applicants or recipients, and shall recommend the reductions necessary by
specifying the percentage of budgeted needs which may be met within the maximums
established in accordance with subsection A of this section. The department shall make
the adjustments determined by the joint legislative budget committee.


C. In determining the amount of assistance which a recipient or applicant may
receive under this title, the department shall include all income and resources from
every source of the person claiming such aid, except that which is required to be
disregarded as defined in department rule or by other provisions of this title, and shall
consider and take into account earning capacity, living conditions and all facts and
circumstances surrounding such person.


D. For assistance granted pursuant to section 46-292, the department shall include
a shelter cost factor. For purposes of determining assistance payments with this shelter
cost factor, the department shall reduce the federal poverty level used in its
calculation of payments by thirty-seven per cent if the person is not paying, or is not
obligated to pay, shelter costs on his place of residence.