NAC706.861. Application to participate in program; eligibility.

     1. A resident of this State who desires to participate in the program must submit an application to the Division on a form prescribed by the Division. To the extent that money is available for that purpose, the Division will approve the application of a person who it determines is eligible to participate in the program pursuant to subsection 2.

     2. To be eligible to participate in the program, an applicant must demonstrate:

     (a) That he or she is at least 60 years of age or permanently disabled by a physical or mental condition that materially limits or contributes to limiting his or her activities or functioning by submitting the proof described in subsection 3;

     (b) That he or she is a resident of this State by providing proof of his or her domicile, which may include proof of residency for voting, a bill from a utility, an affidavit of residency or any other form of proof approved by the Division; and

     (c) That his or her annual gross income meets the requirements set forth in subsection 4.

     3. To establish that he or she meets either requirement set forth in paragraph (a) of subsection 2, an applicant must submit proof of:

     (a) Age, which may include any recognized form of identification containing a picture of the holder, a certificate of birth, baptism or marriage or any other form of proof approved by the Division; or

     (b) Disability, which may include:

          (1) A certificate from a physician;

          (2) A certificate from the Bureau of Services to Persons Who Are Blind or Visually Impaired or the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the Nevada Association for the Handicapped or Opportunity Village; or

          (3) Any other form of proof approved by the Division.

     4. An applicant must demonstrate that his or her annual gross income is not more than 400 percent of the federally designated level signifying poverty for the size of family applicable to the person, as determined by the United States Department of Health and Human Services and published annually in the Federal Register.

     5. For the purpose of determining the annual gross income of an applicant, the Division:

     (a) Will calculate the monthly household income for the month in which an application is filed with the Division and multiply that number by 12; or

     (b) May, if the household income fluctuates from month to month:

          (1) Add the monthly household income over a period of at least 2 months;

          (2) Divide the sum calculated pursuant to subparagraph (1) by the number of months within the period described in subparagraph (1); and

          (3) Multiply the quotient calculated pursuant to subparagraph (2) by 12.

     6. To determine the annual gross income of an applicant, any income received from a source identified in NAC 427A.408 must be subtracted from the total amount of income received by the applicant.

     7. All income, except income excluded pursuant to subsection 6, must be verified, documented and counted in determining the eligibility or continued eligibility of an applicant or participant.

     8. Except as otherwise provided in this subsection, the approval of an application by the Division to participate in the program pursuant to this section is valid for 1 year, and the participant may reapply for participation in the program by submitting an application in the same manner as the original application. A participant whose annual gross income increases such that the participant is no longer eligible to participate in the program pursuant to subsection 4 must immediately notify the Division and return any unused coupons. Such a participant may reapply for the program if he or she becomes eligible by submitting an application in the same manner as the original application.

     9. As used in this section, “household income” means the income received by an applicant and the spouse of the applicant, if applicable.

     [Taxicab Auth., Gen. Order No. 5 Rule 102, eff. 2-5-82]—(NAC A 6-13-86; 10-13-88; 3-7-90; A by Aging Services Div., 1-10-97; A by Aging & Disability Services Div. by R017-12, 9-14-2012)