Current through Register Vol. 50, No. 9, September 20, 2024
A. In
addition to those income exclusions previously adopted and codified in Chapter
19, Certification of Eligible Households, the following income types will be
excluded from countable income for the Supplemental Nutrition Assistance
Program (SNAP):
1. payments or allowances to
provide energy assistance under any federal law, including the Department of
Housing and Urban Development and the Farmers Home Administration, except that
provided under title IV-A;
2.
earnings of an elementary or secondary student through age 17 who is the child
of, or under parental control of, a member of the household;
3. legally obligated child support payments
to non-household members are excluded when determining eligibility based on
gross income standards;
4.
effective October 1, 2004, additional pay received and made available to the
household by a member of the United States Armed Forces deployed to a
designated combat zone;
5. agent
orange settlement payments income (retroactive to 01-01-89);
6. agriculture and stabilization and
conservation service payments received as a result of a presidentially-declared
disaster or emergency;
7.
assistance payments income that is being recouped for overpayment of non-fraud
overpayments;
8. bonus income that
is non-recurring or cannot be anticipated to recur;
9. child care food program payments received
for the client's own children;
10.
child support income received by FITAP/KCSP recipients, which must be
transferred to IV-D to maintain eligibility;
11. child support arrearage payments that
were previously counted as income or payment that is a one-time non-recurring
lump-sum payment;
12. deposits made
into joint accounts when the joint account is considered a convenience account,
the income deposited into the account is verified to be a loan, or the account
is considered inaccessible to the household;
13. disaster payments provided to rebuild a
home or replace personal possessions damaged in a disaster if the household is
subject to legal sanction if the funds are not used as intended. This includes
individual and family grant payments or small business administration
loans;
14. disaster relief income
funded under national emergency grants or disaster unemployment assistance paid
to an individual who is unemployed as a result of a major disaster;
15. the prorated portion of the income for
persons disqualified for SSNs, for ineligible aliens, or for persons who failed
to attest to citizenship/alien status;
16. Delta Service Corps income if the
allowances, earnings, and payments to individuals participating in the programs
are received under title I of the National and Community Service Act;
17. Domestic Volunteer Service Act income
received by volunteers for services performed in programs stipulated in title
II of the amended Domestic Volunteer Service Act of 1973 ( P.L. 93-118), which
include Foster Grandparents and Retired Senior Volunteer Program; or payments
received by volunteers for services in programs under title I (VISTA) if the
person was receiving food stamps or public assistance when he joined VISTA or
the household was receiving an income exclusion for a title I subsistence
allowance at the time of conversion to the Food Stamp Act of 1977;
18. Indian and native claims and lands income
received:
a. under Public Law 94-189, (Sac
and Fox Indian Claims Agreement);
b. under Public Law 94-540, (Grand River Band
of Ottawa Indians);
c. under Public
Law 95-433, section 2, Confederated Tribes and Bands of the Yakima Nation and
the Apache Tribe of the Mescalero Reservation received from the Indian Claims
Commission;
d. by certain Indian
tribal members under Public Law 94-114, section 6, regarding submarginal lands
held in trust by the United States;
e. under Public Law 93-531 (Navajo and Hopi
Tribes);
f. tax-exempt portions
made pursuant to Public Law 92-203, The Alaska Native Claims Settlement Act;
or
g. under Public Law 96-420
(Passamaquoddy Tribe and Penobscot Nation, or the Houlton Band of Maliseet
Indians pursuant to the Maine Indian Claims Settlement Act of 1980);
19. Indian gambling operations
income paid to children under 18 when the household is not given a choice and
the money is deposited in an inaccessible trust fund;
20. in-kind income not in the form of money
payable directly to the household except earned income vendor payments made by
the employer instead of all or part of the salary;
21. irregular and unpredictable income when
the anticipated income will be less than $30 in a three-month period, and the
income is received too infrequently and irregularly to be reasonably
anticipated;
22. strategies to
empower people (STEP) payments for supportive services;
23. loans;
24. non-recurring lump-sum
payments;
25. crime victim
compensation payments made to a client whose assistance is necessary, in full
or in part, because of the commission of a crime against the client, and to the
extent it is sufficient to fully compensate the client for losses suffered as a
result of the crime;
26. National
and Community Service Corporation payments for living allowance (stipend) and
child care received by participants as well as in-kind benefits provided to the
participants;
27. non-household
member's portion of income that is received by a household member which is
intended and used for care and maintenance of a third-party beneficiary who is
not a household member;
28.
nutrition programs income the value of supplemental food assistance under the
Child Nutrition Act of 1966 and under the Special Food Service Program for
Children (the National School Lunch Act) or benefits received under title VII,
Nutrition Program for the Elderly, of the Older Americans Act of
1965;
29. payments made to victims
of Nazi persecution;
30. payments
made to persons through the Radiation Exposure Compensation Act, which was
enacted October 15, 1990;
31.
railroad retirement income that is being recouped for a prior
overpayment;
32. reimbursement
income which:
a. is not a gain or benefit to
the household;
b. is not provided
specifically for normal living expenses; or
c. does not exceed the actual expenses for
which the reimbursement was paid;
33. relocation assistance income if received
under title II of the Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970;
34. Senior Community Service Employment
Program (SCSEP) income received by individuals 55 or older;
35. supplemental security income that is
being recouped for non-fraud SSI overpayment;
36. unemployment compensation benefits that
are paid as the result of unemployment due to a major disaster and funded
through the Robert T. Stafford Disaster Relief and Emergency Assistance
Act;
37. vendor payments made by a
person or organization outside the household/assistance unit directly to the
client's creditor or to a person or organization providing the service unless:
a. the vendor payment is made by an employer
instead of all or part of the salary;
b. it is a local GA vendor payment provided
to cover housing expenses exclusive of energy or utility expenses; or
c. the vendor payment is made in lieu of
payments which are legally obligated to the household;
38. severance pay received in a single
lump-sum payment;
39. payments made
through the wartime relocation of civilians law:
a. payments of $20,000 made to eligible
persons of Japanese ancestry who were interned during World War II, or such
payments made to the spouse, children or parents if the eligible individual is
deceased;
b. payments of $12,000
made to eligible Aleuts who were relocated from their home on the Pribol of or
Aleutian Islands to an internment camp during World War II, or such payments
made to an individual who was born while his mother was relocated;
40. effective March 1, 2006,
dividend income;
Exception: Dividends received from a resource-exempt
trust fund will not be excluded as income.
41. effective March 1, 2006, interest
income;
42. effective March 1,
2006, education assistance;
43. any
payments other than wages received as a result of the Mississippi Canyon 252
well incident in the Gulf of Mexico on April 20, 2010; or
44. grant-funded research payments.
AUTHORITY NOTE:
Promulgated in accordance with
P.L.
103-66,
7 CFR
273.9(c)(11),
P.L.
104-193,
P.L.
107-171,
P.L.
108-447, and CFR
273.2(j).