| 5405 (By) Federal
Statute
Any income specifically excluded
for food stamp purposes by any Federal statute is not counted as
income. These income exclusions are listed below. Refer to
FSC 4450 for an explanation of
resources excluded by law.
1. Reimbursements
from the Uniform Relocation Assistance and Real
Property Acquisition Policy Act of 1970. (P. L. 91-646, Section
216.)
2. Payments
to volunteers under the Domestic Volunteer
Services Act of 1973 (P.L. 93-113), as amended. Payments under
Title II of this Act are excluded. This includes such programs as the
Retired Senior Volunteer Program (RSVP), Foster Grandparents Program,
Senior Companions Program, and others. Payments under Title I of that
Act (including payments from such Title I programs as VISTA, University
Year for Action, and Urban Crime Prevention Program to volunteers) will
be excluded for individuals who were receiving food stamp benefits or
public assistance at the time they joined the Title I program.
Temporary interruptions in Food Stamp Program participation do not
affect this exclusion once an initial determination is made. New
applicants who were not receiving public assistance or food stamp
benefits at the time they joined VISTA will have these volunteer
payments included as earned income.
3. Payments
received by individuals from Community Services Employment as authorized
by the Older Americans Act (P.L. 100-175).
In Arkansas, this program is operated by the U.S. Forest Service, the
American Association of Retired Persons (AARP), the National Center on
Black Aging, the Experience Works Program (formerly the Green Thumb
Program) and the Area Agency on Aging. Other organizations that receive
some Title V funds are the National Council of Senior Citizens, National
Association for Spanish Speaking Elderly, and National Urban League.
4. Payments
or allowances made under Federal Law (other than provided under Title
IV-A of the Social Security Act, e.g.- welfare block grant payments) for
purpose of energy assistance including utility reimbursements made by
the Department of Housing and Urban Development (HUD) and the Farmers
Home Administration (FHA).
Under the Low-Income Energy Assistance Act (P.L. 99-425, Section E) the
amount of any home energy payments or allowances provided directly to
or, or indirectly on behalf of a household is excluded. Examples of
other excluded federal energy assistance are: Payments provided through
the Department of Health and Human Services; payments from the
Low‑Income Energy Assistance Program; the Community Services
Administration's Energy Crisis Assistance and Crisis Intervention
Programs and utility assistance payments. Under this provision, one
time Federal or State payments for weatherization or emergency repair/
replacement of heating or cooling devices are excluded. A down payment
followed by a final payment upon completion of the work will be
considered a one-time payment for purposes of this provision.
5. Under
the provisions of the Workforce Investment Act (WIA), which was formerly
know as the JTPA, allowances and payments to individuals participating
in programs under that Act are excluded as income with the following
exception.
Exception: On
the job training (OJT) payments provided under Section 204(5) of Title
II of the Workforce Investment Act (WIA), formerly JTPA, are counted as
income unless the payee is a dependent less than 19 years
of age. If the payee is a dependent less than 19 years of age,
OJT payments are excluded.
The Workforce Investment
Act (WIA), formerly JTPA, exclusion applies to on-the-job training
payments received under the Summer Youth Employment and Training
Program.
P.L. 101-610, Section
117(d), 11-28-90, provides that the WIA income exclusion applies to
projects conducted under Title I of the National and Community Services
Act of 1990 as if such projects were conducted under the Workforce
Investment Act (WIA), formerly JTPA, described in item 5 above. This
includes:
a)
The Community Service, Schools and
Service-Learning Act of 1990 (Serve-America);
b)
The American Conservation and Youth Service
Corps Act of 1990; and
c)
The National Community Service Act (NCSA).
There are about 47 different NCSA programs and they vary by State. Most
of the payments are made as a weekly stipend or for educational
assistance. The Higher Education Service Learning Program and the
AmeriCorps Umbrella Programs come under this Title. The National
Civilian Community Corps (NCCC) is a federally managed AmeriCorps
program. The Summer for Safety Program is an AmeriCorps program. The
School-to-Work Opportunities Program is funded under this Act. In
Arkansas, the Delta Service Corps is administered
under this Act. Payments, allowances, earnings and payments to
individuals participating in programs under this Act are excluded as
income.
6.
P.L. 102-550, Housing and Community
Act of 1992, Section 456(e) provides that payments made under the Youth
Build Program are to be treated like Workforce Investment Act (WIA),
payments. (These
payments were formerly known as JTPA payments.) See item 5 above for an
explanation of how to handle WIA payments.
7.
Federal payments to Indians and
Eskimos are excluded as stipulated below:
·
Payments
received under the Alaska Native Claims Settlement Act (P.L. 92-203,
Section 29 dated 1/2/76 and Section 15 of P.L. 100-241, the Alaska
Native Claims Settlement Act Amendments of 1987.
·
Payments received from the disposition of
funds to the Grand River Band of Ottawa Indians (P.L. 94-540).
·
Income
from certain submarginal land held in trust for certain Indian tribes (P.L.
94-114, Section 6). The tribes that may benefit are:
-
Bad River
Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin
-
Blackfeet
Tribe
-
Cherokee
Nation of Oklahoma
-
Cheyenne
River Sioux Tribe
-
Crow
Creek Sioux Tribe
-
Lower
Brule Sioux Tribe
-
Devil’s
Lake Sioux Tribe
-
Fort
Belknap Indian Community
-
Assiniboine and Sioux Tribe
-
Lac
Courte Oreiles Band of Lake Superior Chippewa Indians
-
Keweenaw
Bay Indian Community
-
Minnesota
Chippewa Tribe
-
Navajo
Tribe
-
Oglala
Sioux Tribe
-
Rosebud
Sioux Tribe
-
Shoshone-Bannock Tribes
-
Standing
Rock Sioux Tribe
·
Funds
distributed per capita to the Sac and Fox Indians or held in trust. (P.L.
94-189).
·
Payments
by the Indian Claims Commission to the Confederated Tribes and Bands of
the Yakima Indian Nation or the Apache Tribe of the Mescalero
Reservation (P.L. 95‑443).
·
Payments
to the Passamaquoddy Tribe and the Penobscot Nation or any of their
members received pursuant to the Maine Indian Claims Settlement Act of
1980 (P.L. 96‑420, Section 5).
·
Per
capita payments of $2,000 and less made under Public Law 98-64 funds
held in trust by the Secretary of Interior.
·
Under 25
USCS 1408 (as amended by P.L. 93-134, P.L. 97-458 and P.L. 103-66,
Section 13736, 10/7/93) interests of individual Indians in trust or
restricted lands will not be considered a resource and up to $2,000 per
calendar year of income received by Indians from such interests will be
excluded as a resource and as income. Interests include the Indian’s
right to or legal share of the trust or restricted lands. The exclusion
applies to each individual Indian who has an interest.
·
Payments
of relocation assistance to members of the Navajo and Hopi Tribes (Pub.
L. 93-531).
·
Payments
to the Turtle Mountain Band of Chippewas, Arizona (P.L. 97-403).
·
Payments
to the Blackfeet, Grosventre, and Assiniboine tribes (Montana) and the
Papago (Arizona) P.L. 97-408).
·
Per
capita and interest payments made to the Red Lake Band of Chippewas (P.L.
98-123, Section 3, 10/13/83).
·
Per
capita and interest payments made to the Assiniboine Tribe of the Fort
Belknap Indian Community and the Assiniboine Tribe of the Fort Beck
Indian Reservation (Montana) (P.L. 98-124, Section 5).
·
Payments to the Saginaw Chippewa Indian Tribe
of Michigan (P.L. 99-346, Section 6 (b)(2)).
·
Per
capita payments to the Chippewas of Mississippi (P.L. 99-377, Section 4
(b), 8/8/86).
·
Old Age
Assistance Claims Settlement Act, provides that funds made to heirs of
deceased Indians under this Act except for per capita shares in excess
of $2,000 (P.L. 98-500, Section 8, 10/17/84).
·
Payments
to the Puyallup Tribe of the State of Washington (P.L. 101-41, 6-21-89).
·
Payments
under the White Earth Reservation Land Settlement Act of 1985 to the
White Earth Band of Chippewa Indians in Minnesota (P.L. 99-264).
·
Payments
under the Seneca Nation Settlement Act of 1990 to members of the Seneca
Nation (P.L. 101-503).
·
Funds
appropriated in satisfaction of judgments awarded to the Seminole
Indians in dockets 73, 151, and 73-A of the Indians Claims Commission.
·
Funds
distributed or held in trust for members of the Chippewas of Lake
Superior (P.L. 99-146).
·
Assistance paid under P.L. 95-608, the Indian Child Welfare Act of 1978.
·
Payments
to the Confederated Tribes of the Colville Reservation under the Grand
Coulee Dam Settlement Act (P.L. 103-436).
·
Michigan
Indian Claims Settlement Act which pertains to judgment funds of the
Ottawa and Chippewa Indians of Michigan.
8. Under
P.L. 99-576, Veterans Benefits and Health Care Authorization Act of
1986, any amount by which the basic pay of military service personnel is
reduced to fund the G.I. Bill.
Under U.S.C., Title 38 Sections 1411 (b) and 1412 (c), the amount by
which the basic pay of an individual is reduced to fund the G.I. Bill
will not be considered to have been received by or to be within the
control of this individual. NOTE: Section 216 of P.L. 99-576
authorizes stipends for participation in a study of Vietnam-era
psychological problems. These payments are counted as unearned
income.)
9. Cash
donations, based on need, received from one or more private, nonprofit
charitable organizations to the extent that such donations do not exceed
$300 in a Federal fiscal year quarter as mandated by the Charitable
Assistance and Food Bank Act of 1987 (P.L. 100‑232).
10.
Payments made to Vietnam veterans under the Agent Orange Veteran Payment
Program as authorized by P.L. 101‑201.
P.L. 101-239, the Omnibus Reconciliation Act of 1989, Section 10405,
excludes payments made from the Agent Orange Settlement fund or any
other fund established pursuant to the settlement in the Agent Orange
product liability litigation, M.D.L. No. 381 (E.D.N.Y.)
Exception Payments made to Vietnam Veterans
under the Agent Orange Act of 1991, P.L. 102-4, are not excluded as
income. Veterans of the Vietnam War who are determined to be eligible
for veterans' benefits as a result of exposure to Agent Orange will be
issued payments in accordance with P.L. 102-4. Refer to
FSC 5723 for additional
information.
11.
Under P.L. 104-102, Section 1805(d),
monthly allowances paid to a child of a Vietnam Veteran for any
disability resulting from spina bifida suffered by such child.
12.
Under P.L. 106-419, Section 1815 (a),
monthly allowances paid to any individual with one or more covered birth
defects if he or she is a child of a woman Vietnam veteran.
13. Under the Civil Liberties Act of
1988 (P.L. 100-383),payments to U.S. citizens of Japanese ancestry and
permanent resident Japanese aliens or their survivors and Aleut
residents of the Pribilof Islands and the Aleutian Islands, Islands West
of Unimack Island.
14. Payments received through the
Radiation Exposure Compensation Act (P.L. 101-426, Section 6(h)(2),
10/15/90). This law establishes a program to compensate individuals
for injuries or deaths resulting from exposure to radiation from nuclear
testing and uranium mining in Arizona, Nevada and Utah.
15. Payments received from the Federal
Emergency Management Assistance (FEMA) under P.L. 93-288, Sec. 312 (d)
as amended by P.L. 100-707, Section 105 (i) the Disaster Relief and
Emergency Assistance Amendments of 1988. Funds distributed by FEMA due
to a major disaster or emergency are excluded as income. Not all
payments from FEMA are for disaster or emergency assistance. This
exclusion applies to Federal assistance provided to persons directly
affected and to comparable disaster assistance provided by states, local
governments, and disaster assistance organizations. For payments to be
excluded, the disaster or emergency must be declared by the President.
16. Disaster Unemployment Assistance
paid under Public Law 100-707, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, to any individual unemployed as a result
of a major disaster. Individuals cannot be eligible for any other
unemployment compensation and also receive disaster unemployment
benefits. Payments are limited to 26 weeks.
17.
Disaster Relief Employment funded through
national emergency grants made available to States that have suffered an
emergency or a major disaster as defined in Public Law 100-107, the
Robert T. Stafford Disaster Relief and Emergency Assistance Act. These
grants provide funds that are expended through public and private
organizations for temporary job creation in areas declared eligible for
public assistance by FEMA, subject to the limitations of the WIA,
section 173 (d). The employment will be on projects that provide food,
clothing, shelter, and other humanitarian assistance for disaster
victims, or projects that provide demolition, cleaning, repair,
renovation and reconstruction etc. within the disaster area.
Individuals are eligible to be offered disaster relief employment if he
or she is a dislocated worker, has been unemployed for a long term, or
is temporarily or permanently laid off as a result of the disaster. No
individual can be employed for more than 6 months as the result of a
single natural disaster.
18.
Income amounts necessary for the
fulfillment of a PASS (Plan for Achieving Self-Support) plan under Title
XVI of the Social Security Act. Verification of the existence of
the PASS and the amounts of resources and income set aside by the plan
may be obtained from SSA.
See FSC 5414.2
for additional information about IDAs.
19.
The value of assistance to children
under P.L. 89-642, Section 11(b) of the Child Nutrition Act of 1966 and
P.L. 79-396, the National School Lunch Act.
The Child Nutrition Act authorizes the Special Milk Program, the School
Breakfast Program, and the WIC Program. (See item 20 for additional
information about the WIC Program.) The National School Lunch Act
authorizes the School Lunch Program, the Summer Food Service Program for
children, the Commodity Distribution Program and the Child and Adult
Care Food Program. The exclusion applies to assistance provided to
children rather than that paid to providers.
20.
Benefits received from the Special
Supplemental Food Program for Women, Infants and Children (WIC) under
P.L. 92-443, Sec. 9 and P.L. 100-435, which amended Section 17(m)(7) of
the Child Nutrition Act of 1966.
21.
Under P.L. 102-586, Section 8, the
Child Care and Development Block Grant Act Amendments of 1992, the value
of any child care provided or arranged (or any amount received as
payment for such care or reimbursement for costs incurred for such care)
under this subchapter.
22.
Payments made to individuals because of
their status as victims of Nazi persecution under P.L. 103-286.
This exclusion is effective for eligibility and benefit level
determinations made on or after August 1, 1994.
23.
Under P.L. 101-508, the Omnibus
Reconciliation Act of 1990, earned income credit (EIC) payments s under
section 3507 of the Internal Revenue Code.
EIC payments are received as part of the employee's paycheck through a
reduction in taxes withheld.
24.
Under P.O. 103-22, compensation
made to crime victims as authorized by the Crime Act of 1984.
25.
Under P.L. 107-171, the Food Stamp
Reauthorization Act of 2002, all student financial assistance.
See FSC 1622.3.
26.
Under P.L. 101-625, section 22(i),
Cranston-Gonzales National Affordable Housing Act, dated 11/28/90 42
USCS 1437t(i) - no service provided to a public housing resident under
section 22(I) of this law may be treated as income.
This exclusion applies to services such as child care, employment
training and counseling, literacy training, computer skills training,
assistance in the attainment of certificates of high school equivalency
and other services. It does not apply to wages or stipends.
Wages and stipends are counted as income.
27.
Funds withdrawn from a Department
of Housing and Urban Development's (HUD) Family Self-Sufficiency Program
escrow account are excluded as income when determining eligibility for
food stamps.
See FSC 5413.2 for additional information about
this exclusion.
28.
Under P.L. 104-193, section 103 (a)
which amended Section 404 (h) of Part A of Title IV of the Social
Security Act, funds (including accrued interest) in an individual
development account (IDA) under the TANF Block grant program will be
excluded during any period during which the individual maintains or
makes contributions into such an account.
See FSC 5414.2 for additional information about
IDAs.
|