RS 01802.104 Earnings of an Incompetent

A. Operating Policy — General

Income (or loss) from a trade or business carried on by a legally adjudged incompetent or by a guardian on his behalf is includable in computing the incompetent's NESE.

B. Operating Procedure

Assume a business is carried on by a guardian as agent for an incompetent if he, the incompetent or his immediate family receives or benefits from some or all of the income.

C. Operating Policy — Partnership

The distributive share of earnings is included in determining NESE unless the incompetent is a limited partner.

D. Operating Policy — Employees

An employee hired by the guardian may be an employee of the incompetent, unless excluded from coverage under the Act.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0301802104
RS 01802.104 - Earnings of an Incompetent - 09/04/2012
Batch run: 09/04/2012
Rev:09/04/2012