Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 37.78.4 - TANF Cash Assistance: Resources
Rule 37.78.416 - TANF: TANF CASH ASSISTANCE; EXCLUDED UNEARNED INCOME
Universal Citation: MT Admin Rules 37.78.416
Current through Register Vol. 6, March 22, 2024
(1) This rule governs excluded unearned income for purposes of TANF cash assistance.
(2) In testing gross monthly income and in determining grant amount, the following unearned income shall be excluded:
(a) gifts of money up to $50 per gift per
month for each participant;
(b)
energy assistance payments based on financial need;
(c) restitution made to individuals of
Japanese ancestry who were interned during World War II as per the Civil
Liberties Act of 1988;
(d)
restitution made to Aleuts who were relocated during World War II as per the
Civil Liberties Act of 1988;
(e)
major disaster and emergency assistance as per the federal Disaster Relief and
Emergency Assistance Amendments of 1988;
(f) the following income of enrolled tribal
members:
(i) judgment claims
payments;
(ii) judgments derived
from submarginal lands;
(iii) per
capita payments not to exceed $2,000 per individual per payment;
(iv) interest earned on excluded funds;
and
(v) up to $2,000 per year of
income derived from leases or other uses of individually owned trust or
restricted lands.
(g)
complementary assistance from other agencies or organizations which provides or
pays for goods or services not intended to be covered by TANF cash assistance;
(i) The cash assistance grant is intended to
provide assistance for food, household supplies, personal care items, clothing,
and shelter, including heating costs.
(h) undergraduate grants, loans, or
scholarships for purposes directly related to the individual's attendance at an
institution of higher education or postsecondary training;
(i) veterans administration educational
payments are totally excluded if the recipient of the payment is attending an
institution of higher education or postsecondary training;
(j) the value of a food stamp allotment or
food commodities donated by the U.S. Department of Agriculture;
(k) any benefits received under Title VII of
the Nutrition Program for the Elderly of the Older Americans Act of 1965 as
amended;
(l) the value of
supplemental food assistance received under the Child Nutrition Act of 1966 and
under the National School Lunch Act, P.L. 92-433 and 93-150;
(m) payments received under Title II of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970;
(n) vendor payments or other
financial assistance provided to the assistance unit by persons not included in
the assistance unit where no income is contributed directly to members of the
assistance unit;
(o) interest paid
on escrow accounts established under the HUD Family Self-Sufficiency (FSS)
program;
(p) payments made under
the Maine Indian Claims Settlement Act of 1980;
(q) radiation exposure claims
payments;
(r) payments received
under the Alaska Native Claims Settlement Act, P.L. 92-203;
(s) payments received under the Volunteers in
Service to America program (VISTA) pursuant to Title I of P.L. 93-113, section
404 (g);
(t) reimbursement made to
a member of the assistance unit, including repayment of monies spent;
(u) supportive services payments to or for an
assistance unit who is participating in WoRC, or any other TANF cash employment
and training program;
(v)
supplemental security income (SSI) payments received by a person who lives with
the assistance unit, except that any portion of the SSI payment which is
directly contributed to the assistance unit is not excluded;
(w) HUD Section 8 utility payments,
regardless of whether the payee is a member of the assistance unit or someone
else is the payee;
(x) money
received pursuant to a valid loan as defined in ARM
37.78.103;
(y) emergency assistance payments provided
under ARM 37.78.601 and
37.78.602;
(z) interest earned on countable resources;
and
(aa) payments received by Crow
elders under the Crow Boundary Settlement Act of 1994,
P.L.
103-444.
53-4-212, MCA; IMP, 53-4-211, 53-4-601, MCA;
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