Section 240.830 Unearned Income Exemptions

Section 240.830  Unearned

Income Exemptions

Unearned income is all income

other than that received in the form of salary or wages for services performed

as an employee or profits from self-employment.

a)         The following unearned income shall be exempt from

consideration in determining eligibility:

1)         Any allotment under SNAP (7 U.S.C. 2017(b));

2)         The value of the U.S. Department of Agriculture donated foods

(surplus commodities);

3)         Any payment received under the Uniform Relocation Assistance

and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4636);

4)         Any per capita judgment funds paid under Public Law 92-254 to

members of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana and

Gros Ventre Tribe of the Fort Belknap Reservation, Montana (25 U.S.C. 1264);

5)         Any benefits received under Title III, Nutrition Program for

the elderly, of the Older Americans Act of 1965, as amended (42 U.S.C.

3030(e));

6)         Any compensation provided to individual volunteers under the

Retired Senior Volunteer Program (42 U.S.C. 5001) and the Foster Grandparent

Program (42 U.S.C. 5011) and Older Americans Community Service Programs (42

U.S.C. 3056) established under Title II of the Domestic Volunteer Service Act,

as amended (42 U.S.C. 5001 through 5023);

7)         Income in an amount not greater than the current amount

allowed received by a beneficiary of life insurance which is expended on the

funeral and burial of the insured;

8)         Income received under Section 4(c) of the Senior Citizens and

Persons with Disabilities Property Tax Relief Act.  This includes both the

benefits commonly known as the "circuit breaker" and "additional

grants";

9)         Payments to volunteers under the 1973 Domestic Volunteer

Service Act (48 U.S.C. 5044(q))

ife insurance which is expended on the

funeral and burial of the insured;

8)         Income received under Section 4(c) of the Senior Citizens and

Persons with Disabilities Property Tax Relief Act.  This includes both the

benefits commonly known as the "circuit breaker" and "additional

grants";

9)         Payments to volunteers under the 1973 Domestic Volunteer

Service Act (48 U.S.C. 5044(q)).  These include:

A)        Vista Volunteers;

B)        volunteers serving as senior health aides, senior companions,

or foster grandparents;

C)        persons serving in the Service Corps of Retired Executives

(SCORE) or the Active Corps of Executives (ACE);

10)         Social Security death benefits expended on a funeral/burial;

11)         The value of home produce that is used for personal

consumption;

12)         The value of supplemental food assistance received under the

Child Nutrition Act of 1966, as amended, (42 U.S.C. 1780(b)) and the special

food service program for children under the National School Lunch Act, as

amended (42 U.S.C. 1760);

13)         Any payments distributed per capita or held in trust for

members of any Indian tribe under Public Law 92-254, 93-134 or 94-450 (25 U.S.C.

1407);

14)         Tax exempt portions of payments made pursuant to the Alaska

Native Claims Settlement Act (43 U.S.C. 1626);

15)         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 (42 U.S.C

tribe under Public Law 92-254, 93-134 or 94-450 (25 U.S.C.

1407);

14)         Tax exempt portions of payments made pursuant to the Alaska

Native Claims Settlement Act (43 U.S.C. 1626);

15)         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 (42 U.S.C. 1437(f));

16)         That portion of an educational benefit that is actually used

for items such as tuition, books, fees, equipment or transportation, necessary

for school attendance:

A)        Veterans Educational Assistance –

Income from

educational benefits paid to a veteran or to a dependent of a veteran shall be

exempt only to the extent that it is applied toward educational expenses;

B)        Social Security Administration (SSA) Benefits –

Income

received as a SSA benefit paid to or for an individual and conditioned upon the

individual's regular attendance in a school, college or university, or a course

of vocational or technical learning, shall be exempt to the extent that it is

applied toward educational expenses;

C)        Loan and Grants –

Income from

educational loans and grants obtained and used under conditions that prevent

their use for current living costs shall be exempt;

17)         Income from educational loans and grants made or insured

under any program administered by the Secretary of Education is totally exempt

whether the grant is paid directly to the schools or to the student

l expenses;

C)        Loan and Grants –

Income from

educational loans and grants obtained and used under conditions that prevent

their use for current living costs shall be exempt;

17)         Income from educational loans and grants made or insured

under any program administered by the Secretary of Education is totally exempt

whether the grant is paid directly to the schools or to the student. These

loans and grants include the National Direct Student Loans, Basic Educational

Opportunity Grants, Supplementary Educational Opportunity Grant, Work Study

Grant, and the Guaranteed Loan Program;

18)         The following incentive allowances:

A)        National Training Services Grant –

Incentive

payments which the Department of Rehabilitation Services authorizes to be paid

for a maximum of two years to disabled persons receiving categorical public

assistance and enrolled in the National Training Service Project;

B)        Jobs Training Partnership Act (JTPA) –

Needs based

payments (e.g., transportation); case assistance (e.g., uniforms and lunches);

compensations in lieu of wages; and allowances received under JTPA are exempt.

b)         Unearned Income In-Kind

1)         Unearned income in-kind is payment made by a person other than

a member of a participant's family on behalf of or in the name of a member of

the participant's family (e.g., payment of CCP incurred expense for care,

medical bills, etc.).

2)         Unearned income in-kind shall be exempt.

3)         When the participant's family shares a dwelling unit with

another family or individuals, the exchange of cash for purposes of satisfying

payment of shelter related obligations shall not constitute an income in-kind

payment and shall not be considered available to the person who receives and

disburses the shelter-related payment.

c)         Earmarked Income

1)         Earmarked income is income restricted for the use of a

specified participant by court order or by legal stipulation of a contributor

ash for purposes of satisfying

payment of shelter related obligations shall not constitute an income in-kind

payment and shall not be considered available to the person who receives and

disburses the shelter-related payment.

c)         Earmarked Income

1)         Earmarked income is income restricted for the use of a

specified participant by court order or by legal stipulation of a contributor.

2)         Earmarked income shall be considered as income of the

specified participant only.

d)         Lump Sum Payments

1)         Lump sum payments shall be considered available for the

eligibility period in which it is received and are not exempt.

2)         Supplemental Security Income (SSI) lump sum payments are

exempt income. SSI lump sum payments that are kept separately and are not

combined with other monies remain exempt.

e)         Protected Income

SSI is protected income and not considered available to be applied toward

the incurred expense for CCP services of anyone other than the SSI recipient.