TN 14 (02-98)

A. Policy

1. Household Member

A husband, wife and any dependents living in the same household comprise a single financial unit, with all income and resources available to each member of the household. Defeat the purpose depends on the circumstances of the household of which the person is a member. (See GN 02250.110A.3. if AFDC or SSI payments are involved.)

2. Minor Child

Recovery from a minor child will usually defeat the purpose. Since the child is an individual in his/her own right, a child’s ability to repay an overpayment depends on the child’s own income, resources and expenses. A child’s income and assets must be in the child’s name and be available for the child’s use. The family income and assets are separate from those of the child unless the child's income and assets support the family. In that situation, the expenses of the entire household are used to determine defeat the purpose.

B. Procedure

1. Representative Payee Involved

Develop defeat the purpose for a person with a representative payee as if the payee were not involved. Treat the payee as any other member of the household, if applicable.

2. Determining Person's Share of Expenses

Attribute to each dependent member a pro-rata share of the family's ordinary and necessary living expenses. Attribute those expenses that are not shared by all household members only to the person who incurred them.

C. Example

Jacob, age 10, is overpaid $325. His only income is $200 social security benefit. He has no assets. He lives with his mother and two brothers. The family's adjusted expenses total $1050 a month; Jacob's pro-rata share is $262.50. Since his expenses exceed his income, recovery from Jacob defeats the purpose.