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.