Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES
FS-500's
500 - INCOME AND DEDUCTIONS
Section 144-301-500-FS 555-3 - Unearned Income
Universal Citation: 10 ME Code Rules ยง 144-301-500-FS 555-3
Current through 2024-38, September 18, 2024
1. GENERAL RULE
Countable unearned income includes, but is not limited to:
A.
Assistance Programs
-
The full amount of payments from Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Parents as Scholars (PaS), or other means-tested assistance
(1) TANF or PaS payments which are diverted
to a third party are counted as income. See Section 555-4 for certain
exclusions.
(2) Assistance payments
from programs which require the performance of work without compensation other
than the assistance payment are considered unearned income.
(3) If a payment from SSI, TANF, PaS, General
Assistance (GA), or other means-tested assistance is reduced or ended due to
the sanctioning or disqualification of a household member due to non-compliance
with the program's requirements, the full benefit (as if the individual was not
sanctioned or disqualified) will be budgeted as unearned income. This amount
will continue to be budgeted-
(a) for the
duration of the disqualification if the household continues to receive the
benefits from the sanctioning or disqualifying program, or
(b) through the end of the month the
household ceases to receive benefits from the sanctioning or disqualifying
program if the sanction or disqualification is open ended (e.g. until the
individual complies) (e.g., if the other program's last benefit is issued in
December, no amount of that benefit is budgeted for January.).
B.
Other Payments
such as, but not limited to: Pensions, annuities, retirement,
disability or veteran's benefits, unemployment insurance, workers'
compensation, social security, dividends, interest, royalties, income from
installment contracts (both principal and interest), strike benefits, and
payments from government programs not specifically excluded by law.
C.
Trust Funds - Money received
from a trust.
D.
Rental
Income - Gross income, less the cost of doing business (Section 444-2) .
EXCEPTION: If any household member is actively engaged in management of the property on an average of at least 20 hours per week, consider as earned income (Section 555-2) .
E.
Child Support or Alimony -
Payments made directly to the household, including the pass through and gap
supplements. This includes money deducted or diverted from court ordered
support or alimony to pay household expenses.
F.
Income from Sponsors of Aliens
- See Section 444-1.
G.
Students with Educational Income - portion of loans, grants,
scholarships and other educational benefits not excluded (Section 444-7(2))
.
H. Money that is legally
due the household which is diverted to a third party to pay household
expenses.
EXAMPLES:
(1) Diversion of all or part of a TANF or PaS
benefit to a lessor;
(2) that
portion of an Unemployment Insurance Benefit (UIB) check intercepted by the
Division of Support Enforcement and Recovery (DSER);
NOTE: GA vendor payments are excluded. See Section 555-4(2)(C).
I. Money that is legally due a household
member but is received and used for that household member by a non-household
member.
J. Income from investments
or trading including but not limited to currency trading (including crypto
currency), day trading, and dividends on long term investments.
2. VERIFYING UNEARNED INCOME
A. Documentary evidence is the
primary source of verification. Whenever attempts to verify income have failed
for reasons other than applicant or participant non-cooperation, an amount to
be used shall be determined based on the best available information. If
verification (other than documentary evidence) is used, the reason why shall be
recorded in the case file.
B. The
following documents are generally available to verify unearned income:
(1) All types of award letters
(2) Income tax records
(3) Support and alimony payments evidenced by
court order, divorce or separation papers, or check copies.
(4) BENDEX and SDX
(5) Social Security Wire to Wire Third Party
Query
(6) Social Security District
Office records
(7) Maine Employment
Security Commission
(8) Worker's
Compensation records
(9) Insurance
company records
(10) GA Agency
records (Social Service Agencies' records)
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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