TN 5 (04-90)
RS 01301.070 One-Half Support — Room and Board
A. POLICY - GENERAL
1. Value of Room and Board
The value of room and board furnished either to, or by the claimant must be considered in determining the ratio of the NH's contribution to the claimant's support.
2. Claimant Receiving Room and Board
The room and board is part of the claimant's support; its value, minus any amount paid by the claimant, is a contribution to the claimant's support.
3. Contributor Living With and Receiving Room/and or Board From Claimant
When the contributor is living with and receiving room and/or board from the claimant, the net contribution to the support of the household will be his/ her gross contribution minus the cost of room and/or board. If one person in the household is paying room and/or board for another person in the same household, deduct the cost of that person's room and/or board.
B. POLICY - ROOM AND BOARD PROVIDED THE CLAIMANT BY NH - DEEMED SUPPORT RULE
1. When Rule Applies
In all cases in which one-half support is a factor, except cases involving one-half support of a child.
2. The Rule
Effective 1/1/85, the claimant is deemed to have been receiving at least one-half support from the NH if the NH provided the claimant with room and board and the claimant did not receive other income amounting to more than $170.10 a month.
Meeting Deemed Support Rule Prior to 1985
|Monthly Amount Less Than . . .||Support Period Ending In . . .|
| 128.50||1982 and 1983 |
| 96.00||1979 - 1981 |
| 50.00||1972 - 1978 |
| 40.00||1968 - 1971 |
| 30.00||1952 - 1967 |
| 15.00||before 1952|
NOTE: This rule may be used only to find one-half support; it may not be used to defeat such a finding.
C. POLICY - WHEN COST OF ROOM AND BOARD IS MATERIAL AND MUST BE CONSIDERED
The cost of room and board mustbe considered in the support determination unless it is not material.
2. Cost Not Material
The cost is not material when:
The deemed support rule in RS 01301.070B. applies;
The claimant furnished the NH with room and board, and the claimant has no income other than the NH's contributions (in which case the support requirment is clearly met); or
The claimant furnished the NH room and board, and the claimant's income from other sources exceeded the NH's gross contributions (in which case the support requirement is clearly not met).
3. Cost Is Material
The cost is material when:
Someone other than the NH furnished the claimant room and board. (However, in boarding house-type situations, the value of room and board may be considered as equal to the amount paid.);
The claimant furnished room and board to a contributor other than the NH. (If, however, the NH's contributions exceeded the claimant's income from all other sources, including the other contributor's gross contribution, the support requirement is clearly met and the actual cost of room and board is not material.); or
The NH furnished the claimant room and board and the claimant's income from sources other than the NH exceeded $170.10 a month. (See RS 01301.070B. for amounts before 1985.)
NOTE: Number RS 01301.070C.2. and RS 01301.070C.3. are only examples of when the cost of room and board is a factor in the support determination and are not intended to be all inclusive.