§17-676-80 - Income exemptions in the financial assistance programs.

§17-676-80 Income exemptions in the financial assistance programs.

         The department shall exempt all of the following income in determining the amount of the financial assistance payment:

         (1) Earned income of each child if the child is a full-time student or is a part-time student who is not a full-time employee;

         (2) The value of the food stamp payments under the Food Stamp Act of 1977, 7 U.S.C. §§2011-2027;

         (3) The value of the U. S. Department of Agriculture donated foods (surplus commodities);

         (4) Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§4601-4655;

         (5) Payments distributed per capita to or held in trust for member of any Indian tribe under 25 U.S.C. §§1179, 1261-1265, 1305, 1401-1407, 459-459e, and 1626 and Pub. L. No. 94-540. Effective October 17, 1975, pursuant to 25 U.S.C. §459e, receipts distributed to members of certain Indian tribes which are referred to in 25 U.S.C. §459d;

         (6) Certain Indian judgment funds, as provided under Pub. L. No. 93-134, §7 and amended by 25 U.S.C. §1407, including those funds:

         (A) Held in trust by the Secretary of the Interior (including interest and investment income accrued while such funds are so held in trust); or

         (B) Distributed per capita to a household or member of an Indian tribe in accordance with a plan prepared by the Secretary of the Interior and not disapproved by a joint resolution of the Congress; and

         (C) Initial purchases made with such funds. This exclusion does not apply to the proceeds from the sale of initial purchases, or to funds or initial purchases which are inherited or transferred;

         (7) All funds held in trust (including interest and investment income accrued while the funds were held in trust) by the Secretary of the Interior for an Indian tribe, and distributed per capita to a household or member of an Indian tribe, and initial purchases made with such funds as provided by 25 U.S.C. §117b. This exclusion does not apply to proceeds from the sale of initial purchases, subsequent purchases made with funds derived from the sale or conversion of initial purchases, or to funds or initial purchases which are inherited or transferred;

         (8) As provided by 43 U.S.C. §1626, any of the following distributions made to a household, an individual Native, or a descendant of a Native by a Native Corporation established in accordance with the Alaska Native Claims Settlement Act, 43 U.S.C. §1620:

         (A) Cash distributions (including cash dividends on stock from a Native Corporation) received by an individual to the extent that such cash does not, in the aggregate, exceed $2,000 in a year. Cash which, in the aggregate, is in excess of $2,000 in a year is not subject to the above exclusion;

         (B) Stock, including stock issued or distributed by a Native Corporation as a dividend or distribution of stock;

         (C) A partnership interest;

         (D) Land or an interest in land, including land or an interest in land received by a Native Corporation as a dividend or distribution of stock; and

         (E) An interest in a settlement trust;

         (9) Payments to applicants or recipients in the Volunteers in Service to America (VISTA) Program or any AmeriCorps Program, except when the value of such payments is equal to or greater than the federal minimum wage or the state minimum wage whichever is greater. Payments to student volunteers enrolled in institutions of higher education who participate in the University Year for Action (UYA) program, and foster grandparents, senior health aides, and senior companions, 42 U.S.C. §§4951-5085, under the Small Business Act (Service Corps of Retired Executives (SCORE)) or the Active Corps of Executives (ACE), 15 U.S.C. §637;

         (10) Value of free school lunches, provided under the Child Nutrition Act of 1966 and the National School Lunch program, 42 U.S.C. §§1771-1789;

         (11) Any meals provided to senior citizens, such as congregate meals, or home delivered meals funded by the Older Americans Act of 1965, 42 U.S.C. §§3001-3057;

         (12) Any need-based payments, payments for supportive services, or compensation in lieu of wages provided to a dependent child, under age nineteen, under the Workforce Investment Act (WIA) of 1998, 20 U.S.C. §9201;

         (13) Work incentive payments made under the work programs, 42 U.S.C. §§630-644;

         (14) Any assistance received under the Low Income Home Energy Assistance program of Pub. L. No. 97-35, the Low Income Home Energy Assistance Act of 1981, 42 U.S.C. §§8621-8629;

         (15) Earnings of persons in the Youth Incentive Entitlement Pilot Project, 29 U.S.C. §§894- 898, the Youth Community Conservation and Improvement Projects, 29 U.S.C. §§899-906,and the Youth Employment and Training Program, 29 U.S.C. §§907-915;

         (16) Any wages received by a dependent child under age nineteen under the Workforce Investment Act (WIA) of 1998, 20 U.S.C.

         §9201, which are not exempt under paragraph (1), shall be exempt for six months per year. Any other benefits, received by a dependent child under age nineteen under WIA (including Summer Youth Employment and Training Program and Job Corps Program),shall also be exempt;

         (17) Foster child's board payment to licensed foster care parents;

         (18) Home produce of an applicant or recipient utilized by the household for their own consumption;

         (19) The value of medical insurance, employer's share of contributions to a pension fund,and employer's share of social security contributions;

         (20) Training related expenses provided by the First-to-Work program;

         (21) Housing and Urban Development (HUD) refund payments pursuant to Underwood vs. Harris No. 76-469 (D.D.C. March 22, 1976) received by applicants and recipients of financial assistance shall be disregarded as income and assets in the month received and in the following month. After this period, any remaining portions of the refund payment shall be included in the personal reserve standard;

         (22) Small nonrecurring gifts, such as those for Christmas, birthdays, and graduations, not to exceed $30 per recipient in any calendar quarter;

         (23) Reimbursements for past, present, or future expenses related to employment, volunteer work, medical need, or training shall be exempt as income. Examples of reimbursement include, but shall not be limited to, travel, per diem, uniform, transportation, mileage, and out-of-pocket expenses;

         (24) Bonafide loans from any source including but not limited to educational loans, shall not be counted as income. A bonafide loan is a debt that the borrower has an obligation to repay;

         (25) Cash payments to the assistance unit responsible for household bills by a non-unit household member for his or her share of common household expenses;

         (26) Restitution payments provided under the Civil Liberties Act of 1988, Title I of Public Law 100-383 and the Aleutian and Pribilof Islands Restitution Act, Title II of Public Law 100-383;

         (27) Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. (E.D.N.Y.) effective to January 1, 1989;

         (28) The income of foster care children who are not included in the AFDC grant;

         (29) Payments made to individuals because of their status as victims of Nazi persecution, pursuant to Pub.L. 103-286;

         (30) All public and privately funded educational loans, grants, or scholarships, including veteran's educational benefits; and

         (31) Payments made to a victim of a crime by the Criminal Injuries Compensation Commission, Section 1403 of the Victims of Crime Act of 1984, as amended by Pub. L. 103-322.

        [Eff 03/19/93; am 3/14/94; am 11/25/94; am 12/15/95; am 1/25/97; am 7/16/99; am 01/22/02; am and comp 11/09/06; am 1/17/08 ] (Auth: HRS §346-53)(Imp: HRS §346-29; 45 C.F.R. §233.20)

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