0210.015.35 Income Excluded

Even though available, exclude the following income from the budget in determining need:

1. any gain or benefit not in the form of moneypayable directly to the household,
2. earnings of children,
3. supplementary assistance,
4. volunteer income,
5. loans or grants,
6. Indian or Alaskan Native payments,
7. governmental payments,
8. wage supplementation wages,
9. interest income, and
10. other income.

Refer to specific policy regarding when to exclude these items.

0210.015.35.05 Gain or Benefit Not in the Form of Money

1. Bonus FS coupons issued under the Food Stamp program.
2. Payments made directly to a vendor for medical, nursing home, or institutional care on behalf of an assistance recipient, BY A HEALTH OR FAMILY SERVICE AGENCY (such as County Court, Division of Mental Health, etc.).
3. Value of produce/food produced for family consumption by the assistance group from a garden, livestock, and poultry.
4. Income-in-kind, i.e., commodities not in the form of cash received by any member of the assistance group. Examples of income-in-kind include food, utilities, rent, clothing, etc., supplied to the assistance group. Do NOT exclude in-kind earnings such as working off rent.

0210.015.35.10 Earnings Of Children

Exclude all earned income of any child (not including a payee or second parent) receiving an Temporary Assistance cash grant, if the child is a full-time STUDENT or is a part-time student who is not a full-time employee.

EXCEPTIONS: (1) When determining eligibility in the 185 percent income eligibility limit test, exclude this income for six months in each calendar year of January through December and include thereafter, and (2) for applications (or when adding the child to the Temporary Assistance group), disregard such income unless the child previously had earnings disregarded under this provision for six months in the same calendar year of January through December. For applications (or adding the child to the Temporary Assistance group) for which this income cannot be exempted, determine eligibility for assistance based on need by including this income. If the family is eligible for Temporary Assistance based on need, exclude the income in determining the grant amount for which the family is eligible.

The six months can be any six months of the calendar year of January through December. They do not have to be consecutive. Count only those months in which the income results in ineligibility under the 185 percent income eligibility limit test in determining the six-month period.

For this policy, a student is defined as attending a school, college, or university, or a vocational or technical training school designed to prepare for gainful employment. This includes a participant in the Job Corps program under the Economic Opportunity Act of 1964. Summer vacations do not alter student status.

A FULL-TIME student is one whose school schedule equals a full-time course of study in that school. A PART-TIME student is one whose school schedule equals at least one-half of a full-time course of study in that school.

0210.015.35.15 Earnings Of Teen Parents Who Are Students

Parents under age 19 who are full-time students in high school, or the equivalent vocational or technical school, have all of their earnings disregarded in determining Temporary Assistance eligibility and grant amount when they apply or receive as the caretaker of their own children.

0210.015.35.20 Supplementary Assistance

1. Supplementary assistance given to a participant by any public or private agency for a specific purpose. EXAMPLE: A relocation adjustment payment made by a local housing authority to a person relocated in connection with an urban renewal project. Payments from a LOCAL HOUSING AUTHORITY are intended to cover expenses such as transportation of family and household goods, deposits for utilities, fees for initiating service, and similar costs connected with moving and relocation.

   Disregard rent and utility subsidies under Section 8 of the Housing and Community Development Act of 1974.

2. Low-Income Home Energy Assistance (LIHEAP) payments made under the Low Income Home Energy Assistance Act of 1981.
3. Certain home energy assistance payments made on or after October 1, 1983, by energy suppliers or private non-profit organizations. Home energy assistance is defined as any assistance related to home energy, except food or clothing.

   Exclude the payment if made in cash or in-kind by:

   1. a supplier of home heating gas or oil;
   2. a municipal utility providing home energy; or
   3. an entity whose revenues are primarily derived on a rate-of-return basis regulated by a state or federal governmental body.

Exclude payments made in-kind, by a private non-profit organization. Count cash payments made by private non-profit organizations as income on the 185 percent eligibility and grant amount budgets.

0210.015.35.25 Volunteer Income

1. Any payments for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides, or senior companions; in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE); and in any other programs under Titles II and III of the Domestic Volunteer Services Act of 1973 (Public Law 93-113).
2. Payments to volunteers under Title I, Section 404 (g) of Public Law 93-113 (includes Vista, University Year for Action (UYA), etc.).

0210.015.35.30 Loans/Grants/Scholarships

1. Loans or grants to an undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education. This includes Basic Educational Opportunity Grants Program (BEOG), Supplemental Educational Opportunity Grants (SEOG), National Direct Student Loans (NDSL), Guaranteed Student Loans, and PELL grants.
2. Scholarship monies used to pay for education not available for current living expenses.
3. Other loans and grants received by the family. If an individual receives a grant, not available for current living expenses, exclude it as income in preparing the budget. This includes HUD Community Development Block Grants for property rehabilitation.

   If the family receives a bona fide loan from any source, exclude it as income in preparing the budget.

   A loan is bona fide if supported by a written agreement to repay within a specified time or if received from an individual or establishment engaged in the business of making loans. If neither of the above conditions apply, consider a loan bona fide if the participant acknowledges (either verbally or by a written statement):

   1. an obligation to repay (with or without interest),
   2. a pledge of real or personal property or anticipated income with the intent to repay when funds become available or future anticipated income is received; or
   3. a written timetable and plan for repayment.

0210.015.35.35 Indian or Alaskan Native Payments

1. Any funds distributed per capita to or held in trust for members of any Indian tribe under Public Law 92-254, Section 7 of Public Law 93-134, Public Law 94-540, Section 4 of Public Law 97-458, or Section 2 of Public Law 98-64.
2. Pursuant to Section 15 of Public Law 100-241, any of the following distributions from a Native Corporation established pursuant to the Alaska Native Claims Settlement Act (Public Law 92-203).
   1. Cash (including cash dividends on stock received from a Native Corporation) not exceeding $2000 per individual per year.
   2. Stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock).
   3. A partnership interest in land, land, or an interest in land received from a Native Corporation as a dividend or distribution on stock.
   4. An interest in a settlement trust.
3. Payments received by any member of the Passamaquoddy Indian Tribe, the Penobscot Nation, or the Houlton Band of Malisset Indians pursuant to the Maine Indian Claims Act of 1980 (Public Law 96-420).
4. Payments received by any member of the Aroostook Band of Micmacs pursuant to the Aroostook Band of Micmacs Settlement Act (Public Law 102-171).

0210.015.35.40 Governmental Payments

1. For nutrition programs for the elderly, any benefits paid under Title VII of the Older Americans Act of 1965, as amended.
2. Highway relocation assistance paid under the Federal Aid Highway Act of 1968.
3. Supplemental food assistance received under the Child Nutrition Act of 1966 as amended and the special food service program for children under the National School Lunch Act.
4. Experimental Housing Allowance Program payments made under Annual Contributions Contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1937, as amended.
5. All income from College Work Study. This applies only to the federal program specifically titled College Work Study. It does not apply to any other work study program.
6. Earned Income Credit (EIC) advance payments and refunds.
7. Where the President declares a disaster, any federal major disaster and emergency assistance provided to individuals and families under the Disaster Relief Act as amended and comparable disaster assistance provided by states, local governments, and disaster assistance organizations under Public Law 100-707.
8. Agent Orange Settlement Fund payments or payments received from any other fund established pursuant to the settlement in the Agent Orange product liability litigation.
9. Restitution payments not exceeding $20,000 received by individuals of Japanese ancestry who were interned during World War II. These payments are authorized under Section 105 of Public Law 100-383, the Civil Liberties Act of 1988.
10. Restitution payments not exceeding $12,000 received by Aleuts who were interned during World War II. These payments are authorized under section 206 of Public Law 100-383, Aleutian and Pribilof Islands Restitution Act.
11. Radiation Exposure Compensation Act payments authorized by Public Law 101-426, enacted October 15, 1990.
12. The allowance provided to children of Vietnam veterans (including adult children) who were born with the congenital defect spina bifida.

0210.015.35.45 Interest Income

The income of stocks, bonds, savings, checking or similar accounts.

0210.015.35.50 Other Income

1. The income of any SSI, SSI-SP, SP or SAB recipient living in a Temporary Assistance household except the income, other than SSI, of an SSI child who is applying for or receives Title XIX.
2. Vocational rehabilitation payments made for maintenance, transportation, tuition, fees, etc., in connection with a participation in training or school attendance subsidized by the Division of Vocational Rehabilitation.
3. That portion of a veterans educational assistance payment for the student and actually used for items such as tuition, books, fees, equipment, transportation for school purposes, child care services necessary for school attendance, etc.
4. Small non-recurring cash gifts such as those for Christmas, birthdays, and graduations not exceeding the percentage of need standard for the assistance group in a month.
5. Case management advance payment or reimbursement to the individual for child care, transportation, work-related expenses, and work-related supportive services.
6. Welfare to Work (WtW) funds received for a time limited training program (Work Experience).
7. Workforce Investment Act (WIA) funds received for a time limited training program (Work Experience).
8. Chaffee Foster Care Independence Program crisis intervention funds in the form of payment to third party vendors is excluded.
9. Income received from the Crime Victims Fund is to be excluded from the 100% of needs test only.
10. Trade Adjustment Assistance (TAA) and Trade Readjustment Allowance (TRA): these benefits are available to workers who lose their jobs or whose work hours and wages are reduced as a result of increased imports. TRA is a weekly benefit payable to eligible workers following exhaustion of unemployment benefits. It is paid only to individuals enrolled in a training program. An individual may also receive an allowance for transportation and living expenses if attending training or conducting a job search beyond the normal commuting distance from home. If the individual finds a job beyond the normal commuting distance from home and wants to relocate to the job site, TAA may provide a relocation allowance. Count as income TRA and TAA payments for living expenses (room, board, clothing, etc.). Exempt from income TRA and TAA allowances for transportation, education.
11. Achieving a Better Life Experience (ABLE) Account: Contributions to and interest, dividends, or other distributed earnings in an ABLE account. Also exclude from income payments made from an ABLE account for qualified disability expenses.

0210.015.40 Treatment of Income Received by JTPA Participants

0210.015.40.05 Payment Types

0210.015.40.10 Budgeting JTPA Income

0210.015.45 Income From Job Corps

1. Job Corps participants receive two types of allowances.
   1. Living allowance that usually increases at the end of two months participation, and that usually increases at the end of six months participation. Persons at the six month level may earn merit increases.
   2. Readjustment allowance not paid to the participant monthly, but placed in an account and paid to the participant upon leaving Job Corps.
2. The Job Corps participant can authorize an allotment to be sent to certain dependents. This allotment is matched with a like amount by Job Corps. The amount contributed by the participant toward an allotment is deducted from the readjustment allowance.
3. Non-residential Job Corps participants often receive money for training-related expenses, such as lunches and transportation to and from the Job Corps training site.

0210.015.45.05 Budgeting Job Corps Income

1. The readjustment allowance is placed in a fund for the Job Corps participant and is not available for use. Exclude as income. The Job Corps participant receives this allowance in a lump sum upon leaving Job Corps.

   Upon receipt of the readjustment allowance, treat it as cash. It could result in ineligibility if all cash and securities and available resources owned exceed the maximum of $1,000.

2. For budgeting living allowance and allotment, four types of situations exist.
   1. A Temporary Assistance child (not a payee or second parent) enters Job Corps.

      A child participating in Job Corps meets the definition of a student; thus disregard all income from Job Corps, allowance and allotment, in determining grant amount. However, only exclude this earned income from the 185 percent income eligibility limit and in determining need in an application/add a child situation for up to six months in each calendar year of January through December (thereafter include it).

   2. A Temporary Assistance parent enters Job Corps and continues to be the payee for a dependent child. Budget the living allowance and any allotment as earned income. This income is subject to income disregards in the same manner as any other type of earned income.
   3. A Temporary Assistance parent enters Job Corps and another relative becomes the Temporary Assistance payee for the parent's child.

      Consider as income only that money the parent makes available to the child. If the Job Corps participant sends the child an allotment, budget it as unearned income even though an assignment has been made. Do not treat this income as child support. EXCEPTION: If a court order specifies that the allotment be paid as child support, DCSE collects the money.

   4. A Temporary Assistance parent enters Job Corps and another relative becomes payee for both the Job Corps enrollee and the dependent child.

      The parent is considered a child and a student, thus disregard all income from Job Corps, allowance and allotment, in determining grant amount. However, only exclude this earned income from the 185 percent income eligibility limit and in determining need in an application or add a child situation for up to six months in each calendar year of January through December.

3. Disregard all money received for training related expenses in determining eligibility.